Mr. Camilus Tsemwan & Ors V. Governor Of Plateau State & Anor (2012)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

PHILOMENA MBUA EKPE, J.C.A (Delivering the Leading Judgment)

The Appellants herein as Plaintiffs took out originating summons in suit No. PLD/J357/2007 against the defendants/Respondents in the High Court of Plateau State sitting at Jos asking the court to determine whether the respondents acted rightly in dissolving the plaintiffs as members of the Civil Service Commission.

The Appellants as (Plaintiffs) submitted two questions before the trial court for determination and also sought four reliefs. The reliefs sought by the Appellants are as follows:

a. An order declaring the letter of “Dissolution of Chairman and Members of Commission” addressed to the plaintiffs but the 1st defendant as illegal, unconstitutional, null, void and of no effect whatsoever.

b. A declaration that the plaintiffs are entitled to their remunerations continuously, till the end of their tenure with the Commission on 1st October, 2008.

c. An order for payment to the plaintiffs, the total of all remunerations due to them up till and including 1st October, 2008 as damages for premature removal from office which is made up as follows:-

i. Salaries and allowances for the Chairman and members from 15th

June, 2007 to 30th September 2008. N8,943.500

ii. Severance allowances of Chairman and members N5,81 8.041

iii. Leave allowance for Chairman for the years

2007 and 2008 N126,000

iv. Leave allowance for members for the years 2006,

2007 and 2008 N27.896

TOTAL N15.395.437