Engr. Olusunmade Agbe-davies V. Lagos State Development And Property Corporation & Anor (2011)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

HON. JUSTICE MOHAMMED AMBI-USI DANJUMA, J.C.A. (Delivering the Leading Judgment)

The Appellant herein had taken out a Writ of summons by which he claimed at the High Court of Lagos State the following reliefs:

“1. A declaration that his purported retirement from the services of the Defendant is in his breach of his constitutional right to remain in their service until age 60 years and therefore null and void and of no effect whatsoever and an order reinstating him unequivocally to his employment.

2. An order of injunction restraining the Defendant whether by themselves, the Government of Lagos State or any of their agents and/or agencies from interfering with or denying him the benefits accruing from his employment.
3. An order of injunction restraining the Defendants, the Government of Lagos State or any of their agents and/or agencies from interfering in anyway whatsoever with his occupation of his residence at No. 1, Adebisi Omotola Close, Victoria Island, Lagos.”

Pleadings were exchanged and amongst which was a counter claim by the 1st Defendant.

In the counter claim, the 1st Defendant had also claimed amongst other reliefs as follows:-

“a. A declaration that the 1st Defendant/Counter Claimant is entitled to take possession of Adebisi Omotola Close, Victoria Island, Lagos.”

At the conclusion of hearing, the trial court dismissed the Suit on the ground that the claim failed in respect of all the reliefs sought, while the counter claim was also struck out on the ground that it had been abandoned as the evidence led was at variance with the pleadings.

Dissatisfied with the aforesaid Judgment, the Plaintiff/Appellant filed this appeal vide a Notice of appeal dated 1st November, 2005 and filed on the same date.

The Notice of Appeal is predicated upon 7 Grounds of Appeal which together with their particulars thereof are reproduced herein-under:-

GROUNDS OF APPEAL

1. The learned trial Judge erred in law when he held “I that have examined the said Standard Conditions of Service of Lagos State Parastatal. It was not enacted into law or made pursuant to any statute. That it was compiled into the Volumes of the laws of Lagos State 1994 does not translate it into a law once it was never enacted into law either as a substantive or subsidiary legislation. Within the Volume 1 of the Laws of Lagos State where counsel referred to and where the said Standard Conditions and Administrative Guidelines can be found, they occupy pages 180 to 232, sandwiched between Caps 10 and 11 of the Laws of Lagos State. Expressly at the beginning thereof is the indication that they are not pursuant to any principal legislations. They are what they claim to be, standard conditions of service and administrative guidelines. Not law, not statutes and definitely not subsidiary legislations. The mere description of a document as a regulation, even by a public corporation does not make it a subordinate legislation. See KATTO V. C.B.N (1999) 6 N.W.L.R. (PART. 390).”

PARTICULAR

i. The Administrative Guidelines for Parastatals Organization in Lagos state were issued as Legal Notice Number 16 of 1981 which is gazette as No. 37 in Volume 14 of Lagos State of Nigeria Official Gazette.

ii. The said Guidelines as contained in Volume 1, laws of Lagos State of Nigeria 1994 at page 218 is a compilation of supplements to the Lagos State of Nigeria Official Gazette Extraordinary which culminated in the Lagos State Legal Notice No. 6 of 1986 (L.S.L.N.)

iii. The Standard Conditions of Service for Lagos Sate Parastatals compiled at pages 180 to 217 of Volume 1, Laws of Lagos of Nigeria 1994 came into being vide Lagos State Legal Notice Number 15 of 1981.