Anambra State Government & Anor V. Gloria Obiora (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MOJEED ADEKUNLE OWOADE J.C.A.: (Delivering the Leading Judgment)

This is an appeal against the judgment of J.I. Nweze J. at the Onitsha Judicial Division of the High court of Anambra State in Suit No. 0/368/2003.

By a writ of summons issued on 12/6/2003 followed by a statement of claim filed on 11/6/2003, the Respondent as plaintiff claimed against the Defendants/Appellants jointly and severally as follows:-

i. Declaration that the Plaintiff has complied with the provisions of the State proceeding law as well as the Local Government Law relating to service of notice which is the maximum legal requirement.

ii. N55 million naira being under payment of Plaintiffs salaries form June 1999 to May, 2012.

iii. N1.14 million naira being Plaintiffs entitlement for accommodation.

iv. N1.14 million naira being Plaintiffs entitlement as furniture allowance.

v. N1.4 million naira being Plaintiff’s entitlement as severance gratuity.

vi. An order directing the 1st Defendant to pay the Plaintiff the claimed sums from source, out of the State Joint Local Government Account from monies due to the 2nd Defendant from the said Account.

Pleadings were exchanged, of note is that paragraph 14 of the Statement of defence of the Defendants Appellants contends as follows:-

(a) All rules of statutory/constitutional interpretation combine to remove the Plaintiffs salary and allowances outside the competence or jurisdiction of the State House of Assembly and the Revenue Mobilization Allocation and Fiscal Commission.

(b) The reliefs being sought by the Plaintiff are inchoate and/or incapable of being granted which ever on (sic) looks on them.

(c) The Plaintiff cannot make any claim of right based on an enactment or actions there inconsistent with 1999 constitution and therefore null and void.

The facts of the case are as follows: In 1999, the Respondent was elected as a councilor to serve in the 2nd Appellant’s council and she served as such.