Kwara State Civil Service Commission Ors & V. Joshua Dada Abiodun & Ors (2009)

LawGlobal-Hub Lead Judgment Report

IGNATIUS IGWE AGUBE, J.C.A

By an Originating Summons dated the 24th day of August, 2007, and filed in the High Court of Kwara State, Ilorin Judicial Division on the same date, the Claimants (now) Respondents sought for determination of the following questions:-

“1. Whether the purported dismissal of all the Claimants from the service of kwara State Government based upon their convictions by the Miscellaneous Offences Tribunal is still justifiable, lawful and valid when the said convictions and entire criminal trial had been invalidated, nullified and declared unconstitutional by the Court of Appeal in Joshua Dada Abiodun v. Attorney-General of the Federation CA/IL/67/2006 delivered on Tuesday, the 3rd day of July, 2007.

“2. Whether or not the Claimants herein are entitled to reinstatement into the service of kwara state Government; payment of all their unpaid salaries, emoluments and promotion from 1997 till date of judgment based upon the nullification of their convictions and criminal trial by the Court of Appeal’s judgment in Joshua dada Abiodun & Ors v. Attorney-General of the Federation (supra).

“PARTICULARS”

1. The Claimants were tried and convicted for the commission of a criminal offence, to wit: obtaining money by false pretences by knowingly defrauding the Federal Republic of Nigeria to the tune of N72, 000, 000.00 contrary to Section 1(3) of the Advance Fee Fraud and other Fraud Related Offences Decree, 1995.
2. The Claimants were tried and convicted by the Miscellaneous Offices Tribunal at Ilorin. The Tribunal’s judgment was delivered on 27th day of May, 1998 and, as a result, the Claimants were sentenced to various terms of imprisonment on 28th May, 1998.
3. Consequent upon the convictions, all the Claimants were allegedly dismissed from Kwara State Government Service in 1997 or thereabout.
4. By the Court of Appeal decision in Joshua Dada Abiodun v. Attorney General (supra) the said convictions and criminal trial the bases of claimants’ alleged dismissal from Kwara State Government Service, were declared null, void, unconstitutional and of no effect whatsoever.
5. With the nullification of Claimants’ convictions, the parties should go back to the status quo ante bellum before their arrests, nullified trial and convictions; and that is, their reinstatement to the service of Kwara State Government.
6. A dismissal letter as a form of notice of severance of master and servant relationship does not take effect until it is appropriately served.”

The Claimants then claimed for the following Reliefs:-

“1. A DECLARATION that the purported dismissal of the Claimants from the service of Kwara State Government is unlawful, invalid and of no effect whatsoever.

“2. A DECLARATION that base upon the Court of Appeal decision in Joshua Abiodun Dada v. Attorney General of the Federation (supra), which nullified the criminal trial and convictions of the Claimants, the said Claimants are entitled to their reinstatement into the service of the Kwara State Government, and consequentially, their unpaid salaries, emoluments and promotions as at when due from 1997 till the date of judgment.

“3. AN ORDER mandating the defendants to reinstate the Claimants to the service of Kwaro State Government and pay them the unpaid salaries, emoluments, and promotions as at when due from 1997 till the date of judgment.

“4. AN ORDER of injunction restraining the Defendants and/or anybody however from determining any of the Claimants’ service with the Kwara State Government without recourse to the laid down rules and regulations, and/or any other applicable laws safeguarding their master and servant relationship with the Kwara State Government.”

The Originating Summons was supported by a fifteen paragraph Affidavit deposed to by the 1st Claimant Joshua Abiodun Dada, on behalf of the Claimants. See pages 5 – 7 of the Records. Annexed to the Affidavit in support were Exhibits JDA1 – JDA6 – the documents relied upon by the Claimants to prove their case in the lower court.

The Defendants entered appearance on the 10th day of October, 2007 by a Memorandum or Notice of Appearance dated 8th October, 2007 and the Claimants subsequently brought a motion on Notice dated 2nd November, 2007 and filed on the 6th November, 2007 for leave to amend the Originating Summons for the purpose of joining the Kwara State Civil Service Commission as a party to the suit. The Originating Summons was also supported by a Written Address. See pages 171- 184 of the Records.

By a Motion on Notice dated 26th November, 2007, the Defendants sought and were granted leave to file their Counter-Affidavit and Written Address out of time. The Counter – Affidavit can be seen at pages 193 – 195 of the records, while the Written Address is contained in pages 196 – 202 thereof. Annexed to the Counter- Affidavit and Address of the Defendants were also series of documentary Exhibits marked MOJ 1- MOJ 3.

From what is recorded at page 257 of the Records, the Claimants also filed a reply to Defendants’ Written Address dated 7th of December, 2007 on the same date while the Defendants filed what they termed “REPLY ON POINT OF LAW TO CLAIMANTS’ REPLY TO DEFENDANTS’ WRITIEN ADDRESS”, on the 10th day of December, 2007.