CORAM
BRETT JUSTICE, SUPREME COURT
COKER JUSTICE, SUPREME COURT
IDIGBE JUSTICE, SUPREME COURT
PARTIES
CHIEF ANDREW THOMAS
PAGE| 1
APPELLANTS
LOCAL GOVERNMENT SERVICE BOARD.
RESPONDENTS
AREA(S) OF LAW
CONTRACT LAW – TERMINATION OF APPOINTMENT – DECLARATION
SUMMARY OF FACTS
The appellant, the then president of the Grade A Customary Court in Oyo State, had his appointment terminated by the respondent.
HELD
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.
ISSUES
Whether a special rule applies to an appointment to an office which carries statutory duties with it
RATIONES DECIDENDI
POWER OF APPOINTMENT
‘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
CASES CITED
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
STATUTES REFERRED TO
English Interpretation Act, 1889
Local Government Law
Customary Courts Law
Constitution of the Federation
Customary Courts (Amendment) Law, 1959
Customary Courts (Amendment) Law, 1963