CENTRL BANK OF NIGERIA V JACOB OLADELE AMAO & 2 ORS.

CORAM

WALTER SAMUEL NKANU ONNOGHREN, JUSTICE, SUPREME COURT

PARTIES

CENTRAL BANK OF NIGERIA APPELLANTS

JACOB OLADELE AMAO & 2 ORS.

RESPONDENTS 

AREA(S) OF LAW

SUMMARY OF FACTS

The respondents instituted action against the appellant for the payment of their full harmonized pensions as prescribed by the Federal Government and approved by the Board of the appellant more than 3 months after the approval.

HELD

The court held that the suit was not caught by the Public officers Protection Act and that the appellant was liable to pay the harmonised pensions.

ISSUES

1. Whether the court of appeal lacked jurisdiction to entertain the appeal before it since the trial court lacked jurisdiction to entertain the case before it because the leave to institute the suit which was for judicial review pursuant toorder46 of Federal High Court. Civil procedure Rules1999 had lapsed and it had become impossible to comply with the other provisions of the rules which prescribed time limits for taking different steps under the Rules before originating summons was filled thereby rendering the judgment of the Court of Appeal null and void.?

2. Whether the doctrine of continuing inquiry is applicable to defeat the application of or prevent the reliance on the limitation Law as a defence by the appellant in this case and the action of the plaintiffs/respondents will be maintainable against the defendant/appellant perpetually since S.2 (a) of the public Officers protection Act can never bar such an action no matter how long after the cause of action arose before the suit is commenced ?

3. Whether the reliefs of mandamus and declarations were maintainable by the respondents when they did not establish any legal right to the reliefs since the White Paper and the Circulars upon which their claims were based did not have force of law and did not prescribe pension rights for the respondents as claimed by them or at all and no oral evidence was called in the case thereby depriving the claims of any proper factual premises.?

4. Whether the judgment of the court of Appeal was based on wrong premises having regard to the basis of the claims of the respondents in thee originating summons which is based solely on the contents of the white paper and the circulars issued thereon as the sources of their right to pension rates claimed by them whereas the court of Appeal based its judgment on the contents of a letter emanating from the appellant.?

5. Whether the Federal Government of Nigeria had power and right to prescribe pension and other retirements benefits and/or exercise any right at all in relation to members of staff of the central bank of Nigeria concerning their pension benefits in the right of the provisions in section 15 of Pensions Act, save to the limited extent expressed therein and section 1493) of Central Bank of Nigeria Act?

6. Whether the failure of the Court of Appeal to consider issues 2,5 and 6 before it vitiates the proceedings before that court and rendered the proceedings invalid?

RATIONES DECIDENDI

WHETHER DECLARATORY RELIEF CAN BE GRANTED ON AFFIDAVIT EVIDENCE IN JUDICIAL REVIEW

By the peculiar nature of the proceedings by way of judicial reviews, a declaratory relief is grantable, in appropriate circumstances, upon affidavit evidence as provided under the rules of court. Affidavit evidence is not pleadings but evidence which the court can act upon in considering whether to grant the relief or not to do so- Onnoghen J.S.C.

WHETHER THE FEDERAL GOVERNMENT CAN PRESCRIBE PENSIONS PAYABLE TO EMPLOYEES OF CENTRAL BANK

The central Bank of Nigeria Act, is part and parcel of the public service of the Federation over which the Federation Government has the right and power to prescribe pensions payable to its employees outside the Central bank of Nigeria Act. – Onnoghen J.S.C.

WHEN AN ACTION WILL BECOME STATUTE-BARRED UNDER THE PUBLIC OFFICERS PROTECTION ACT

An action against a public officer in respect of any act done in pursuance or execution of any Act or Law of public duty or default in same can only be commenced within three months next after the act, neglect or default complained of except in a case of continuance of damage or injury in which the person aggrieved must institute the action within three months next after the ceasation of the damage or injury complained of – Onnoghen J.S.C.

CASES CITED

Chukwumah vs. shell petroleum (11993) 4 NWLR (pt. 289) 512 at 553

STATUTES REFERRED TO

1. The Central Bank of Nigeria Act

2. THE Public Officers Protection Act

3. The Pensions Act,(cap.346).LFN 1990The 1979 constitution

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