LABOUR PARTY V. INDEPENDENT NATIONAL ELECTORAL COMMISSION
May 28, 2025MADAM MEMINOTU IBRAHIM VS DR. LASISI OSUNDE
May 28, 2025Legalpedia Citation: (2009-02) Legalpedia 61776 (SC)
In the Supreme Court of Nigeria
Holden at Abuja
Fri Feb 13, 2009
Suit Number: SC 239/2002
CORAM
D MUSDAPHER, JUSTICE SUPREME COURT
I F. OGBUAGU, JUSTICE SUPREME COURT
P O. ADEREMI, JUSTICE SUPREME COURT
M S. MUNTAKA-COOMASSIE, JUSTICE SUPREME COURT
G A. OGUNTADE, JUSTICE SUPREME COURT
PARTIES
MR. OMIETE MICHAEL KALANGO
APPELLANTS
1. THE GOVERNOR OF BAYELSA) STATE OF NIGERIA
2. THE CHAIRMAN CIVIL SERVICE) COMMISSION OF BAYELSA STATE)
3. THE HONOURABLE ATTORNEY-) GENERAL BAYELSA STATE)
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
this is an appeal against a ruling on a preliminary objection. The appellant challenged his compulsory retirement from the services of Bayelsa State Government. The Federal High Court issued an order transferring the case to the State High Court. The defendants filed preliminary objection. The court upheld the objections on the basis of jurisdiction. The appellant unsuccessfully appealed to the Court of Appeal. Hence this further appeal.
HELD
Appeal dismissed
ISSUES
1. Whether in considering the legality of the appellant’s compulsory retirement, the only letter of retirement served on him should not be construed or the said letter together with other documents not served on him should be considered together?
2. Whether the only letter of compulsory retirement served on the appellant conforms with the provisions of Section l (i)(a) of Public Officers (Special Provisions) Act, Cap. 381, Laws of the Federation, 1990, so as to oust the jurisdiction of the court in keeping with Section 3 of the said Act
RATIONES DECIDENDI
PURPORT OF SECTION 3 OF THE PUBLIC OFFICERS(SPECIAL PROVISIONS) ACT
Section 3 of the Public Officers [Special Provisions] Act, ousted the jurisdiction of the courts in matters or things done or purported to be done under the Act by the appropriate authority or any other authority acting on the direction of the appropriate authority. Per MUSDAPHER, JSC.
STATUTES THAT WILL BE STRICTLY INTERPRETED
Statutes which overreach the citizen’s right or access to court are subject to very strict interpretation. Per MUSDAPHER, JSC.
WHERE A LAW OUSTS THE COURT’S JURISDICTION
Where the provisions of any Decree, act or law ousts the Jurisdiction of a court from determining a matter the court does not easily chicken out and surrender. Per ADEREMI, JSC
CASES CITED
1. Pearlman v. Governor of Harrow School (1978) 3 WLR 736.
2. Afolabi v. Governor of Oyo State (1985) 2 NWLR (Pt.9) 734
STATUTES REFERRED TO
1. Public Officers (Special Provisions) Act
