CORAM

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BRETT JUSTICE, SUPREME COURT

COKER JUSTICE, SUPREME COURT

IDIGBE JUSTICE, SUPREME COURT

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PARTIES

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CHIEF ANDREW THOMAS 

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APPELLANTS 

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 LOCAL GOVERNMENT SERVICE BOARD.

RESPONDENTS 

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AREA(S) OF LAW

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CONTRACT LAW – TERMINATION OF APPOINTMENT – DECLARATION

 

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SUMMARY OF FACTS

The appellant, the then president of the Grade A Customary Court in Oyo State, had his appointment terminated by the respondent.  

 

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HELD

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The court held that the appellant ceased to be President of Customary Court when his last appointment expired and that his action based on the assumption that his appointment was still subsisting was misconceived. The appeal was dismissed. 

 

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ISSUES

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Whether a special rule applies to an appointment to an office which carries statutory duties with it 

 

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RATIONES DECIDENDI

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POWER OF APPOINTMENT

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‘In the absence of any indication to the contrary the general rule, is that the power to make an appointment includes both the power to appoint for an indefinite period and the power to appoint for a fixed period’ – Brett, J. S. C

 

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CASES CITED

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Terrell v. Secretary of State [1953] 2 Q.B. 482.
Davey v. Shawcroft [1948] 1 All E.R. 827
Vine v. National Dock Labour Board [1957] A.C. 488

 

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STATUTES REFERRED TO

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English Interpretation Act, 1889
Local Government Law
Customary Courts Law
Constitution of the Federation
Customary Courts (Amendment) Law, 1959
Customary Courts (Amendment) Law, 1963
 

 

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