Alhaji Ibrahim Abdullahi V. The Military Administrator & Ors (2009)

LAWGLOBAL HUB Lead Judgment Report

NIKI TOBI, J.S.C.

The appellant was born in 1943. He was appointed as a painter and decorator in the former Ministry of Works and Water Resources in the then Northern Region and later known as the Northern States of Nigeria. The appointment took effect from 5th December, 1962. The appellant was later transferred to the North Central State and finally to Kaduna State.

Appellant, who rose to the rank of Chief Works Superintendent, Ministry of Water Resources and Rural Development, Kaduna State was retired from the service of Civil Service by virtue of implementation Guidelines on the Civil Service Reforms of 1988 and Establishments Circular E BD 111996 No. S/PEN/24/1/320 of 13th January, 1996 made pursuant to Civil Service (Re-organization) Decree 1988.

The appellants, aggrieved by the action of the respondents, sued by way of originating summons on 16th October, 1998 after entering into several correspondences with the respondents. The reaction of the respondents was that of a rebuff. He asked for the following reliefs:

“(a)A Declaration that the purported retirement of the plaintiff by the 1st to 5th defendants is contrary to Decree 102 of 1979 and is illegal, null and void.

(b) A Declaration that the stoppage of the plaintiffs salary and emoluments with effect from March 31st 1998 is illegal, null and void.

(c) A Declaration that the breaking into the plaintiff’s office and the removal of his items there from by the 6th defendant on April 29th, 1998 is illegal.

(d) A Declaration that the plaintiff is entitled to consideration for and promotion to Grade level 16 by the 1st to 5th defendants.

IN THE ALTERNATIVE: That the emoluments and benefits accruing to Grade Level 16 Officer enure to the plaintiff and same be made and paid personally to him.

(e) An order of immediate reinstatement of the plaintiff to his office by the defendants.

(f) An order that all emoluments of the plaintiff withheld since March 31st 1998 till his reinstatement in office be paid to him.

(g)An order that the 4th defendant consider and effect the overdue promotion of the plaintiff to a Grade Level 16 officer with its attendant emoluments or make payment of same personally to him

(h) Damages in the sum of N50,000.00 against the 6th defendant for breaking into the plaintiff’s office.

(i) The return of the items removed from the plaintiff’s office by the 6th defendant or damages in the sum of N10,000.00 being cost of replacing same.