Mr. Isaac Wakema V. Civil Service Commission, Taraba State & Anor (2012)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ABUBAKAR ALKALI ABBA, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the Judgment of Honourable Justice M. A. Danjuma (J) (as he then was) sitting in the Taraba State High Court of Justice, holden at Jalingo delivered on 1st June, 2010.

The Appellant/plaintiff claim against Defendant/Respondent is for the following:-

(1) A declaration that the plaintiff was on the record up to the time of his retirement on 28th February,2008, as Auditor-General Local Governments, Taraba State.

(2) In the alternative to No. (i) above, A declaration that the purported removal of the plaintiff from office as the Auditor-General Local Governments, Taraba State by oral announcement through radio was altogether irregular, illegal, null and void as violating the plaintiffs fundamental human right to fair hearing under Section 36 of the 1999 Constitution and contrary to the Rules of the Taraba State Civil Service Commission.

(3) An Order that the plaintiff’s Retirement Benefits be computed as an Auditor-General under the Taraba State Political and Public Office Holders (Remuneration and other Benefits) Law No.5, 2000.

(4) The cost of this action.

(5) Further or better reliefs.

The appellant filed 6 grounds of appeal and formulated 3 issues for determination. The respondent adopted and formulated the same 3 issues.

The same 3 issues are raised by both the Appellant and respondent as follows:

(1) Whether the trial Court was right when it held that the Appellant’s appointment is a political appointment and he can therefore be removed at the whims and pleasure of the appointor without the benefits of the rules of the fair hearing or Notice (Grounds 1, 3 and 4) and in conformity with any law.

Issue 2

(2) Whether the Governor of Taraba State could terminate the appointment of the Appellant without any reason or justification by virtue of the Public Officers (Special Provisions) Act No. 17 of 1990.

Issue 3