Lieutenant Commander F.S Ebohon (Rtd.) Vs Attorney General, Edo State And Others (1997)

LAWGLOBAL HUB Lead Judgment Report

BELGORE, JSC. 

The appellant, Lieutenant Commander Felix S. Ebohon, N.N. (retired) a Deputy Chief Engineer in the defunct Bendel State Civil Service was, by a letter dated 25th April 1984 informed as follows:

“Pruning of the Civil Service of Bendel State

I am directed to refer to the Bendel State of Nigeria Civil Service Commission’s letter No. S. 275/Vol. III/10 dated 19th April, 1984 on the above-named subject and to convey, with regret, the decision of the commission to dismiss you and you are hereby dismissed, from the Civil Service, with immediate effect

You are advised, in your own interest, to hand over immediately to your Head of Division/Local Head Department all Government property in your possession.

Sgd. for Permanent Secretary,

Ministry of Works and Transport,

Benin City.”

Thus the appellant was notified of his dismissal from the service of the state. The letter, on its face, purported to intimate the appellant that the dismissal was by Civil Service Commission of Bendel State. In the ordinary course of Civil Service Commission Regulations, there cannot be dismissal without certain steps having been taken e.g. there is evidence that the appellant has been convicted of a criminal offence based on fraud or dishonesty; or the appellant has been found guilty, after a thorough hearing according to the civil service rules, of some offences bordering on dereliction of duty, incompetence, or deliberate act or omission that caused loss to government e.t.c. This is usually stated in the letter dismissing a civil servant. Therefore on its face the letter of 25th April 1984 did not look regular. To any observer, in the absence of any other lawful reason the dismissal would look wrongful and ultra vires.

In his statement of claim the appellant as plaintiff averred that he was in the Nigeria Navy from 1972 to 1980 and that thereafter by transfer of service he became an employee in the Bendel State Civil Service as an Engineer. By 1983 he was appointed to the Delta Boatyard Limited as a General Manager.

It would appear the Bendel State Government had substantial interest in the Delta Boatyard Limited because the appellant averred that he was appointed by the state Governor himself. What is however not in dispute is that the appellant remained in the service of Bendel State. Apparently after he left the Nigerian Navy and while in the service of Bendel State, the former lodged a criminal complaint against him whereby he was tried and convicted by a Lagos High Court but on appeal to the Court of Appeal the conviction was set aside. What followed was the letter quoted earlier in this judgment. After the exchange of pleadings the Attorney-General of Bendel State filed a motion on Notice reading as follows:-

“MOTION ON NOTICE BROUGHT PURSUANT TO ORDER 24 RULES 2 AN 3 OF THE BENDEL STATE HIGH COURT (CIVIL PROCEEDINGS) RULES 1988 APPLICABLE TO DO STATE OF NIGERIA

TAKE NOTICE that this Honourable Court will be moved on Friday the 24th day of January 1992 at the hour of 9 o’clock in the forenoon or so soon thereafter as counsel may be heard on behalf of the defendants/applicants praying this Honourable Court for the following orders:-

(i) Setting down for hearing and disposal the point of law raised in paragraphs 9 and 10 of the statement of defence attached hereto as Exhibit ’C’