Lagos State Judicial Service Commission & Anor V. Muusbau Olubankole Kaffo (2007)

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ADZIRA GANA MSHELIA, J.C.A.

This is an appeal against the judgment of Oyefesobi J. of the High Court of Lagos State delivered on 3/12/02 granting an Order of Certiorari quashing the decision of the 1st Appellant to compulsorily retire the Respondent.

The respondent was employed as a Magistrate by the Lagos State Judicial Service Commission. By a letter reference number JDP/837/58 dated 30th May, 2001 attached to main affidavit as the Exhibit ‘4’ 1st Appellant compulsorily retired the Respondent due to restructuring within the 1st Appellant. Respondent was dissatisfied with his retirement, with the leave of Lagos State High Court initiated Certiorari proceedings before that court, for the purpose of quashing the decision of the 1st Appellant Lagos State Judicial Service Commission for compulsorily retiring the respondent.

The reliefs sought for as contained in the amended statement in support of application dated 6th day of November, 2001 read as follows:-

“i. AN ORDER OF CERTIORARI bringing into this court the proceedings and/or decision of the Lagos State Judicial Service Commission contained in a letter No.JDP/837/58 dated 30th may, 2001 whereby it was decided to retire the Applicant with immediate effect from the Judicial service of Lagos State and quashing same for inter alia being a decision made ultra vires and in complete disregard of the rules of natural Justice and fair hearing.

ii. A Declaration that the purported retirement with (sic) effect of the Applicant from the judicial service of Lagos State by the letter No JDP/837/58 dated 30th May, 2001 by the 1st Respondent is ultra vires, illegal, wrongful, null and void of no effect whatsoever.

iii. A Declaration that the Appellant is still in the Employment of the Lagos State Judicial and/or Lagos State Judicial Service Commission.

iv. AN ORDER directing the 1st Defendant to reinstate the Applicant to his post and/or status as Chief Magistrate Grade 1 in the service of Lagos State without prejudice to salaries, allowances, entitlements and promotions which might have accrued to him during the period of Applicant’s purported compulsory retirement.

v. AN INJUNCTION restraining the 1st Defendant from further interfering with the Plaintiffs performance of his duties as a public officer.”

And the grounds of the reliefs are stated in paragraph 3 of the amended statement as follows:-

a. The Applicant is a public officer in the pensionable cadre of the Lagos State Judicial Service under the pensions laws of Lagos State.

b. The Appointment, dismissal and discipline of the Applicant are governed by the provisions of the 1999 Constitution of the Federal Republic of Nigeria.

c. The Lagos State Judicial Service Commission has not power to retire the Applicant from the judicial service of Lagos State with immediate effect” under the law, particularly the law that established the Commission.

The appellants initially filed a notice of preliminary objection dated 11th January, 2002, challenging the jurisdiction of the court below to entertain the suit as presently constituted. The grounds of the objection are as follows:-