DJUKPAN DEBESI VS RHORHADJOR OROVUYOVBE AND ANOR
August 29, 2025DOKUBO AND ANOR VS BOB-MANUEL AND ORS
August 29, 2025Legalpedia Citation: (1967-04) Legalpedia 85476 (SC)
In the Supreme Court of Nigeria
LAGOS
Fri Apr 28, 1967
Suit Number: SC.749/1966
CORAM
BRETT JUSTICE, SUPREME COURT
BAIRAMIAN JUSTICE, SUPREME COURT
COKER JUSTICE, SUPREME COURT
PARTIES
ALHAJI SULE KATAGUN & 2 ORS (CONSTITUTING THE POLICE SERVICE COMMISSION)
APPELLANTS
M.E.K ROBERTS
RESPONDENTS
AREA(S) OF LAW
CONSTITUTIONAL LAW – CAUSE OF ACTION-RETIREMENT UNDER THE PENSION AC
SUMMARY OF FACTS
The respondent was retired by the police service commission under section 9 of the Pension Act.
HELD
The court held that only the minister had the power to retire a public servant under the section and that the respondent’s claim discloses a cause of action.
ISSUES
1 Whether the Statement of Claim in this case discloses a cause of action.
2 whether the powers claimed are in fact vested in the Police Service Commission
RATIONES DECIDENDI
CONSTITUTIONAL SUPREMACY
1. ‘All existing laws shall have effect with such modifications as may be necessary to bring the law into conformity with the Constitution.’ Per Brett, Ag. C.J.N
PURPORT OF S. 9 OF THE PENSIONS ACT.
2. ‘The power of requiring a police officer to retire from the public service under section 9 of the Pensions Act is not vested in the Police Service Commission.’ Per Brett, Ag. C.J.N
CASES CITED
STATUTES REFERRED TO
1. The Pensions Act
2. The Pensions (Amendment) Act, 1961
3. The Constitution of the Federation, 1963
