Kwara State Judicial Service Commission & Ors V. Miss Yetunde Zainab Tolani (2019)

LAWGLOBAL HUB Lead Judgment Report

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

This is an appeal against the judgment of the Court of Appeal or Court below or Lower Court, Coram: Sotonye Denton-West, I. I. Agube, JJCA and C. C. Nweze JCA (as he then was) delivered on the 20th day of January, 2009.

The appellant before this Court were the respondents before the Court below and at the trial Court were plaintiffs while the respondents herein were defendants at the trial High Court presided over by A. A. Adebara J.

The claims of the plaintiff now respondent are stated hereunder, viz:-

“1. A declaration that the purported withdrawal (termination) of the plaintiff’s appointment as Magistrate Grade II with the 1st defendant by the defendants through their letter of 8/2/2005 is without any justification known to law, unlawful, ultra vires, illegal, oppressive, uncivilized, barbaric, vicious, unconstitutional and null and void and of no effect.

  1. An order of the Court setting aside the defendant’s letter dated 8/2/2005 purporting to withdraw or terminating the plaintiff’s appointment as Magistrate Grade II with the 1st defendant.

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A declaration that the plaintiff is still a Magistrate Grade II in the employment of the 1st defendant and she is entitled to be paid salaries, allowances and all entitlements appertaining to and due to the office of a Magistrate Grade II with the 1st defendant.

  1. An order reinstating the plaintiff to her position as a Magistrate Grade II with the 1st defendant.
  2. An order of the Court directing the defendants to pay to the plaintiff her salaries, allowances and all entitlement as Magistrate Grade II with the 1st defendant with effect from 27/12/2004.
  3. An order of injunction restraining the defendants, their servants, agents and privies and other person(s) claiming through or under and or succeeding the defendants from unlawfully and unconstitutionally, withdrawing, terminating and or in any manner or way tempering with, obstructing the commission of the breach, of the plaintiffs appointment at Magistrate Grade II with the 1st defendant.FACTS BRIEFLY STATED:
See also  Bernard Okoebor V. Police Council & Ors (2003) LLJR-SC

The respondent herein was employed by the appellant as a Magistrate Grade II. Shortly after her employment, the appellants received a petition from one Abdul-Rasaq Tunde Raji

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alleging that the respondent misrepresented her marital status. The appellant sent the petition to the respondent for her response in line with the rules of fair hearing.

The respondent’s reply was not satisfactory to the appellant who terminated her employment which was still on probation.

The respondent, dissatisfied, approached the trial Court to challenge the termination and or withdrawal of her appointment. The trial Court held inter alia that the termination of the respondent’s appointment was wrongful and she should be paid her salaries, allowances and other entitlements for the period of 27/12/2004 up to 11/2/2005 for which she legitimately worked before her appointment was wrongfully terminated. The 1st appellant herein was also ordered to pay the respondent one month salary in lieu of notice being the reasonable length of notice she would have been entitled to bring her contract of employment with the 1st appellant to the end. Dissatisfied with the judgment of the trial Court, the respondent herein appealed to the Lower Court.

On the 12th day of November, 2011 date of hearing, learned counsel for the appellants and DPP of the

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