Miss Yetunde Zainab Tolani V. Kwara State Judicial Service Commission & Ors (2009)

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SOTONYE DENTON-WEST, J.C.A.

Shun of Embellishment what is before this court for determination involves inter-alia a declaration of whether a marriage has been or has not been contracted between one Yetunde Zainab Tolani and some unknown petitioner who have never been visible nor seen throughout the scenario that led to the determination of her employment. Consequently, this appeal is against the Judgment of Honourable Justice A. A Adebara J. of the Ilorin High Court, Kwara State, delivered on the 15th day of January, 2007, in which the trial Court, inter-alia, held that the withdrawal of appointment of the appellant as a Magistrate Grade II on Grade level 10 with the Kwara State Judicial Service Commission was not unlawful and that the appellant is entitled to only damages and as such the appellant is not entitled to a re-instatement. He awarded the appellant one month salary in lieu of notice. Yetunde Zainab Tolani was employed as a magistrate grade II by the Kwara State Judicial Service Commission and she is hereinafter referred to as the appellant, whilst the Kwara State Judicial Service Commission is hereby referred to as the 1st Respondent in this appeal. The Honourable Justice Timothy Oyeyipo Chairman of the 1st Respondent is hereinafter referred to as the 2nd respondent whilst Mrs. Folalere as Secretary to the 1st Respondent is herein referred to as the 3rd Respondent. The last but not the least the Honourable Attorney General and commissioner for Justice of Kwara State is hereinafter referred to as the 4th Respondent.

The facts given rise to this appeal could be gleaned fully from the seasoned and well considered judgment of the Trial Court, the statement of claim, the pleadings filed by both parties and indeed the detailed submissions and addresses of both parties, including the exhibits.

The simple fact of this appeal is that the appellant having been considered fit and qualified after an interview conducted by the 1st respondent, the appellant was employed as a Magistrate Grade II on salary Grade Level 10 vide the letter of 23rd day of December, 2004 tendered as (Exhibit 1) in the Lower court Consequently, the appellant immediately without delay accepted the appointment as required by Exhibit I vide the appellant’s letter of 24th day of December, 2004 (Exhibit 2) and the appellant accordingly assumed duty on the 2th day of December, 2004.

The 1st, 2nd, and 3rd Respondents forwarded a petition letter dated 31st day of January, 2005 (Exhibit 10) written by one Abdul-Rasaq Tunde Raji of Ita Kudima Area Ilorin to the appellant for her reaction. In brief, the petition written by Abdul-Rasaq Tunde Raji of Ita Kudima Area Ilorin alleged that the appellant lied about her marital status and misrepresented herself as a single lady whilst she was already married in her bid to secure employment with the 1st Respondent.

In reaction to the alleged petition which was tendered in the Lower court as (Exhibit 10), the Appellant In response in a letter dated 31st January, 2005 (Exhibit 4) categorically denied being a married woman as at the time of her employment with the Kwara State Judicial Service Commission.

In his petition, the petitioner concluded in (Exhibit) 10, that he was “looking forward for an immediate action” from the Kwara State Judicial Service Commission. Consequently, the 1st, 2nd, 3rd and 4th Respondents reacted immediately to the purported petition and within a period of eight days, the Respondents withdrew its letter of employment and terminated the appointment of the Appellant from the Kwara State Judicial Service Commission vide the letter dated 8th day of February, 2005 tendered as (Exhibit 5).

Despite the appeals and protests by the appellant vide Exhibits 6, 7, and 8, the Kwara State Judicial Service Commission refused to further employ the Appellant who was accordingly terminated with effect from 11th day of February, 2005. All the Exhibits referred to shall at the appropriate time be adumbrated upon in the course of this judgment.

Consequent to this termination, the appellant was obliged to take out a writ of summons against the respondents in the Lower Court. The crux of the appellant’s claim could be gleaned from paragraph 19 of the statement of claim although the totality of the statement of claim was fully reflective of the issues in controversy and detailed facts thereof. However, for the purposes of this appeal, I hereby reproduce the salient paragraph 19 of the claim which goes thus:

“19, where of the plaintiff claims against the defendant jointly and severally as follows:

1. A declaration that the purported “withdrawal” (termination or dismissal) of the plaintiff appointment as Magistrate Grade II on Grade Level 10 with the 1st defendant by the Defendant through I their letter of 8/02/06 is without any justification known to law, unlawful, altra vires, illegal, oppressive, uncivilized vicious, unconstitutional and null and void and of no effect.
2. 1(a) a declaration that the purported withdrawal of the plaintiff appointment as Magistrate Grade II with the 1st defendant by the defendants is a gross violation of the plaintiff’s right to a hearing in accordance with rules of fair hearing and civilized hearing.
3. An order of the court setting aside the defendant’s letter dated 8/02/08 purporting to withdraw the plaintiff’s appointment as Magistrate Grade II with the 1st defendant.
4. A declaration that he plaintiff is still a Magistrate Grade II on Grade Level 10 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.
5. An order reinstating the Plaintiff to her position as a Magistrate Grade II with the 1st defendant with effect from 27/12/04.
6. 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 inducing the commission of the breach, of the plaintiff’s appointment as Magistrate Grade II with the 1st defendant. Dated this 11th day of May, 2005″.

As earlier stated, even though part of the judgment was in favour of the Appellant but the judgment in the appellant’s views did not seem to address all the claims in the said writ claim, hence the appeal filed to this court which came up for hearing on 20/10/08. In this appeal, the Appellant’s counsel, Mr. Salman Jawondo filed the appellant’s brief dated the 10th day of January, 2008 on same date. He adopted his brief as filed and prayed the court to allow the appeal. By way of adumbration, he referred the Court to the case of Attorney General of Cross River State and 2 Ors vs Chief Patrick Okon (2007) All Federation weekly Law Report (Pt. 395) 370 at Pg. 387.

Mr. J. A. Mumini, the DPP of Kwara State, of counsel to the respondent also had a brief dated the 19th day of May, 2008 which was deemed properly filed and served by order of Court on 20th October, 2008. He adopted the said brief on behalf of the Respondent and conceded that the appellant is entitled to damages because the reason for the withdrawal of the Appellant is contrary to law. However, he urged the court to also dismiss the appeal.

What I may ask is this reason? It is better to proceed and see this reason than declare same now which would become obvious as we progress in the judgment.

At this point I must observe that the concession of J. A. Mumini of DPP of Kwara State in my estimation is that of a mature mind though he is a prosecutor, he is not a persecutor. He as OPP is ready to do his duty but at the same time he fights for the course of justice which is the Hall Mark of a Good Advocate for indeed all hands must be on deck to ensure that justice is not only seemingly done but must be seen to be done and in place. Every advocate must fight for justice at all times even if it does not attract pecuniary reward or other perquisites for the Advocate. I therefore congratulate J.A.Mumini for his courage in this wise.