J. A. Irem V. Obubra District Council And Others (1960)

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ADEMOLA, CJF

The appellant in this case was employed by the respondents as a Court Clerk in the Bahumunu Clan Court, in Obubra District, with a salary of £120 per annum. He had been so employed since August, 1938, and in 1957 when this case was heard in the High Court he stated he was 40 years of age

Owing to the reorganization of the Courts in the area, it was decided that the appellant be retrenched as he was supernumerary to the establishment. He was accordingly notified in writing that his appointment was being terminated, but he was to be given all necessary benefits he was entitled to on retirement from the service of the Local Government. The appellant, it would appear, protested and suggested malice on the part of the Chairman of the Obubra District Council, for the termination of his appointment. He caused his solicitor to serve a notice on the respondents that he was suing them. He eventually brought an action claiming £5,000 damages for wrongful termination of his appointment.

In his statement of claim, the appellant averred that his appointment was wrongfully terminated by the Council on the 14th August, 1955, without first obtaining the approval, in writing, of the Minister for Internal Affairs as required by Section 95 of the Eastern Region Local Government Law, 1955 (No. 26 of 1955), and that in any case the termination of the appointment was motivated by malice on the part of the Chairman of the Council.

On the 19th December, 1955, the case came before Betuel, J., for hearing. Mr. Anyaduba, for the defendants/respondents, raised a preliminary point that the issue raised in the plaintiff/appellant’s writ was one of termination of appointment to which section 95 of the Eastern Region Local Government Law would not apply since that section specifically applies in cases of dismissal. The section enacts as follows;

“95.     No person appointed, engaged or employed by a Council in any capacity shall be dismissed by a Council for any reason without the approval of the Minister in writing”.

The learned Judge was of the opinion that it was early at that stage, on the argument adduced, to strike out or dismiss the plaintiff’s claim. He therefore ordered pleadings. I only need add that at that stage pleadings had already been filed but nobody directed the learned judge’s attention to this fact and counsel were content with that order.

After the lapse of a year on the 7th December, 1956, the case came before Ainley, C.J. Mr. Anyaduba did not raise his objection again before the learned Chief Justice and after the case had gone through another process of adjournment, it proceeded to hearing on the 11th June, 1957, before the learned Chief Justice.

In a carefully worded and lengthy judgment the learned Chief Justice rejected the allegation of improper motive or malice on the part of the Chairman. He further came to certain conclusions which he summarised as follows:

“a.     The Council did resolve that the plaintiff’s employment should be terminated.

b.     In so resolving, they acted honestly and without any improper motive.

c.     The Minister’s approval was necessary before the plaintiff’s employment could lawfully be terminated.

d.     The Minister approved the termination of the plaintiff’s employment albeit he did not do so until 29th November, some weeks after this action was begun, and three months after the plaintiff had ceased to work for the Council.”

The learned Chief Justice then continued:-