Judicial Service Commission Of Cross River State & Anor. V. Dr. (Mrs). Asari Young (2013)

LAWGLOBAL HUB Lead Judgment Report

MARY UKAEGO PETER-ODILI, J.S.C.

This is an appeal against the decision of the Court of Appeal, Calabar Division delivered on the 10th of December, 2007, Coram: V.A.O. Omage, N. S. Ngwuta and M. A. Owoade JJCA.

The Court below upheld the appeal of the Respondent and quashed the Respondent’s retirement from the services of the Appellant herein and directed the continuation of the Respondent’s employment as Chief registrar of the High Court of Justice of Cross River State.

The Appellant being dissatisfied with the said decision of the Court below appealed to this court vide Notice of Appeal filed on 28th February, 2008.

FACTS BRIEFLY STATED:

The Respondent was the Chief registrar of the Cross-River State High Court and was by Order of Court appointed the Receiver of the estate of Chief Effiom Okon Effiom, who died intestate which was the subject of litigation pending before the High Court of Cross-River State.

On the 14th of May, 2001, the Respondent was redeployed from the office of Chief Registrar to the Department of Planning Research and Statistics as the Head, which posting the Respondent rejected even though she still maintained the same salary grade level 17 which she held as the Chief Registrar.

The Respondent refused to resume to her new office and wrote a petition to the Chief Justice of Nigeria accusing the Chief Judge of abuse of office, fraud etc.

On the assumption of office of an acting Chief Registrar, it was discovered that certain unauthorised payments were made from the proceeds of the estate of the intestate aforesaid, when the respondent was Chief Registrar.

Several issues arose surrounding the administration of the said estate by the respondent which led to several correspondences between the Respondent and the Chief Judge of Cross-River State. The beneficiaries of the estate protested by letters what they alleged to be the unwarranted interference of the Chief Judge in the administration of the said estate. When it seemed that nothing was coming out of the protest letters, the family members petitioned the Chief Justice of Nigeria.

The Chief Judge accused the Respondent of losing the original file and documents of the estate and mismanaging the funds of the estate. According to the Respondent, a tracing of the movement of the original file of the estate showed that the respondent was never in custody of the file.

While the issues aforesaid were going on, the Chief Judge directed that all actions instituted in the courts by the respondent as the administrator of the estate be stayed forthwith even though the Respondent claimed she never instituted any such action.

It was in the course of all this that the Respondent was re-assigned from her office as Chief registrar to that of Director of Planning, Research and Statistics and that led her to petitioning to the Chief Justice of Nigeria alleging unwarranted demotion.

Though she withdrew the said petition, she was suspended and retired from the Cross-River State Judicial Service Commission without any trial.