ESSANG V. AUREOL PLASTICS LTD
June 20, 2025TINUBU V IMB SECURITIES
June 20, 2025Legalpedia Citation: (2001) Legalpedia (SC) 21431
In the Supreme Court of Nigeria
Fri Oct 19, 2001
Suit Number: SC.267/2000
CORAM
OBASEKI, JUSTICE SUPREME COURT
ALOYSIUS IYORGYER KATSINA-ALU. JUSTICE, SUPREME COURT
EMMANUEL OLAYINKA AYOOLA, JUSTICE, SUPREME COURT
PARTIES
1. THE MILITARY ADMINISTRATOR OF BENUE STATE2. THE ATTORNEY-GENERAL, BENUE STATE3. THE CIVIL SERVICE COMMISSION, BENUE STATE4. THE DIRECTOR-GENERAL ESTABLISHMENT AND SERVICE MATTERS, BENUE STATE5. MR TIVLUMU NYITSE, PRESS SECRETARY TO THE MILITARY ADMINISTRATOR, BENUE STATE6. RADIO BENUE7. BOARD OF RADIO BENUE8. BENUE PRINTING AND PUBLISHING COMPANY LTD APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
Respondent sued Appellant ,claiming in the main, a declaration that their several purported retirement were premature, mala fide , improper, unconstitutional, null and void. And not done according to Decree No. 17 of 1984 or other law applicable to the contract of employment of the respondents
HELD
The court held that retirement of the respondents was void because of non-compliance with the provisions of the statute. ?
ISSUES
Whether where an issue has been raised and conclusively determined at an earlier stage of a proceeding, the same issue is available for fresh consideration and determination at a later stage. “Whether the compulsory retirement of the appellants was made in compliance with the Public Officers (Special Provisions) Act Cap 381 Laws of the Federation of Nigeria to enjoy the protection of the ouster clause therein.”
RATIONES DECIDENDI
SETTING ASIDE APPEAL
I venture to think that a decision is conclusive as to what it determines when it can only be set aside on an appeal being brought for that purpose Per AYOOLA, J.S.C.
JURISDICTION
The learned trial Judge was in error to have re-opened the question of his jurisdiction under the Act when the said issue had been conclusively settled by the Court of Appeal judgment, which was still subsisting Per AYOOLA, J.S.C.
CASES CITED
Skenconsult (Nig.) Ltd. v. Ukey 12 NSCC 1.FCDA v. Sule (1994) 3 SCNJ 71; (1994) 3 NWLR (Pt 332) 257,
STATUTES REFERRED TO
Public Officers (Special Provisions) Decree No. 17 of 1984 (Cap 381, LFN 1990)?
