Civil Service Commission Imo State & Anor. V. Godwin Onyema Anuforom (2006)

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IBRAHIM MOHAMMED MUSA SAULAWA J.C.A

This is an appeal against the decision of the High Court of Imo State holden at Owerri, dated 08/312001, Coram B. A. NJEMANZE, J; granting the Respondent’s application for an order of certiorari, injunctive reliefs and consequential orders against the Appellants.

The Respondent was at all material times a civil servant of the Imo State Government. He was first employed in the year 1962 as a messenger: in the civil service of the defunct Eastern Nigerian Government and later East Central State.

In September, 1975, he gained an admission into the University bf Nsukka for an under graduate course. He applied for and was granted a study leave without pay for a period of four year. He graduated with a BSC (Hons.) in Political Science in 1979.

He later in l980 applied for and was given a fresh appointment on probation by the 1st Appellant. He served as Secretary of the Imo State Executive Council from 01/4/93 until he was purportedly retired in 1999 vide Exhibit AG8 which is to the effect that:

“Mr. G.O. Anuforom (Assistant Chief Administrative Officer) Exco Secretariat office of the secretary to the state Government Owerri RETIREMENT FROM THE IMO STATE GOVERNMENT SERVICE.

I am directed to convey the civil service commission’s approval for you to retire from the Civil service with retrospective effect from 7th June 1997 after 35 years of service. This is on grounds of public interest in accordance with section 3 (i) (g) of the pensions Act of 1979.

2. Since the overstay was culpable on you, all salaries and allowances paid to you after 6th June, 1997 should be deducted en bloc from your gratuity.
3. In view of the above, you should surrender your duty and all items of Administrative officer in the Exco secretariat.
4. You are to submit your retirement/pension papers for necessary actions.

M.C. Ohale

For: Secretary to the State Government.

See page 20 of the Record. It is evident from the Record at page 19 that the Respondent had earlier in June, 1997 been issued with a notice of retirement dated 27/6/97 vide Exhibit AG6 which inter alia reads thus:

NOTICE ON RETIREMENT

I am directed to inform you that by the records in this office, you will retire from Imo State civil Service on completion of 35 meritorious services with effect from 6th December 1997. Under this consideration, you are expected to tender 6 month mandatory notice to enable this office process your papers promptly.

I am, Sir

Your obedient servant