Alhaji Musa Abubakar & Anor V. The Executive Governor, Gombe State & Ors (2002)

LawGlobal-Hub Lead Judgment Report

OBADINA, J.C.A.

The appellants were the chairman and permanent commissioner respectively of the Gombe State Civil Service Commission appointed by the State’s former Military Administrator, Group Captain J.I. Orji in 1997 under section 179 of the 1979 Constitution of the Federal Republic of Nigeria. By a letter dated 27th of October, 1999, signed by the secretary to the State Government, the appellants were informed of the dissolution of the state Civil Service Commission with effect from 27th day of October, 1999 by the State Government.

Apparently dissatisfied with the decision of the 1st respondent in dissolving the Gombe State Civil Service Commission the appellants filed an originating summons dated 27th of March, 2000 but filed on 21st of March, 2000, for the determination of the following questions:-

“(1) Whether the Executive Governor of Gombe State is empowered under the Constitution of the Federal Republic of Nigeria, 1999 to dissolve the State Civil Service Commission, a body created under section 197 of the 1999 Constitution, by means of letter dated 27th October, 1999, Ref. No. GO/SS/POL/S/27/71.

(2) Whether the Executive Governor of Gombe State on his own without recourse to the House of Assembly can be said to have acted under S. 201 (1) & (2) 1999 Constitution when he removed from office the 1st plaintiff and 2nd plaintiff as chairman and permanent commissioner 1, respectively, of the State Civil Service by a letter dated 27th October, 1999 Ref. No. GO/SS/POL/S/27/71.

(3) Whether the Executive Governor of Gombe State could be said to be acting within his Constitutional powers when he reconstituted a new Civil Service Commission and purportedly appointed Ambassador Ali Gombe as chairman and Alhaji Yunusa Kaltungo, Alhaji Muhammadu A. Bajoga and Mr. Yilwa as members of the Commission.

(4) Whether the 1st and 2nd plaintiffs are not entitled to the following reliefs:-

(a) A declaration that the Executive Governor of Gombe State acted in excess of the executive powers vested in hi m under the 1999 Constitution when he purportedly dissolved the State Civil Service Commission by a letter dated 27th October, 1999.

(b) A declaration that the letter dated 27th October, 1999 emanating from the Executive Governor of Gombe State is unconstitutional, null, void and of no effect.

(c) A declaration that the removal of the 1st and 2nd plaintiffs as chairman and permanent commissioner 1, respectively of the Gombe State Civil Service Commission by a letter dated 27th October, 1999 is unconstitutional.

(d) A declaration that the 1st and 2nd plaintiffs be reinstated into office and are entitled to be paid all salaries and benefits accruing to them, owed them by the Gombe State Government.

(e) A declaration that the purported appointment of the 3rd, 4th, 5th, 6th,and 7th defendants by the 1st defendant, as chairman and members of the Gombe State Civil Service Commission is unconstitutional, null, void and of no effect whatsoever.

(f) An injunction restraining any person whatsoever and howsoever purportedly appointed by the Executive Governor of Gombe State into the offices of chairman and members of the Gombe State Civil Service Commission from assuming and occupying these offices until the final determination of this case.

(g) An injunction restraining the Executive Governor of Gombe State, his agents, representative or assigns and the 3rd, 4th, 5th, 6th, and 7th defendants their agents, representatives, or assigns from doing any acts which may prejudice the interest of the 1st and 2nd plaintiffs from discharging the functions or duties of their office pending the outcome and determination of this suit.”