Samuel O.V. Igbe V. The Governor Of Bendel State & Anor (1983)
LawGlobal-Hub Lead Judgment Report
FATAI-WILLIAMS, C.J.N.
The plaintiff (now appellant) was appointed a full-time member of the Public Service Commission of Bendel State on the first day of August, 1979, by the then Military Administrator of Bendel State. The appointment was for five years. The letter of appointment dated 17th August, 1979 (Ex.A) reads –
“Appointment as full time Member of the Public Service Commission.
I have great pleasure in informing you that the Military Administrator of Bendel State, Brigadier Abubakar Waziri, has graciously approved your appointment as a full-time member of this State’s Public Service Commission.
- The appointment which takes effect from 1st August, 1979, is subject to the relevant provisions of the Constitution of the Bendel State of Nigeria, as modified by subsequent Decrees, as well as the existing conditions of service applicable to members of the Public Service Commission as per the attached schedule.
- I should be grateful if you would indicate in writing whether you accept the appointment.
- Copies of this letter are being sent to the Secretary, Public Service Commission, the Accountant-General and the Auditor-General for their information and necessary action.
(sgd.) D. P. Lawani, OON, KSG, Secretary to the Military Government and Head of Service.”
The conditions of service (Ex.A1) referred to in letter (Ex.A) dealt with the terms of service, remuneration, travelling allowance outside Nigeria, and accommodation.
It is provided in the terms of service that the appointment shall be for five years except as otherwise determined by the provisions of the Constitution of Bendel State of Nigeria.
The plaintiff accepted the offer of appointment in writing by letter dated 20th August, 1979 (Ex.B).
The Constitution of Bendel State referred to in the letter (Ex.A) was, however, replaced by the Constitution of the Federal Republic of Nigeria, 1979 (hereinafter referred to as the 1979 Constitution). At the coming into force of the new Constitution on 1st October, 1979, the Military Administrator was replaced by the first defendant as Governor of Bendel State with effect from that date.
By paragraph 3 of the Statutory Corporations (Revocation of Appointments of Chairmen and Members) Order, 1979 (B.S.L.N.328 of 1979) which came into force on 29th October, 1979,
”The appointments of the Chairmen and members of all Statutory Corporations in the State including those specified in the Schedule to this Order are hereby revoked with effect from the date of commencement of this Order.”
A “Statutory Corporation” is defined in the Order as “any Corporation, Board, Council, Tribunal, Commission or Committee” specified in the Schedule to the Order. Among the “Statutory Corporations” specified in the said Schedule is the “Public Service Commission.”
By letter dated 1st November, 1979, (Ex.D), Mr. Lawani, the then Head of Service of Bendel State, wrote to Dr. M. E. Mowoe, the Chairman of the State Public Service Commission, as follows:-
“Dear Sir,
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