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CaseLaw

Igbe V. Gov. Bendel State (1983) CLR 2(b) (SC)

Judgement delivered on February 11th 1983

Brief

  • Contract
  • Breach of contract
  • Award of damages
  • Interpretation of statute

Facts

The plaintiff/appellant was appointed a full time member of the Public Service Commission of Bendel State on the 1st of August, 1979. He accepted the appoint-ment, which was for five years, in writing. Some months later, there was a change in the administration of the state and by virtue of a State Proclamation the appoint¬ments of members of all statutory corporations in the state were revoked. The plaintiff was not officially informed that his appointment had been revoked or ter¬minated, despite a letter written by his solicitor to the Government asking for clarification. Sometime after this, the names of the newly elected members of the State Civil Service Commission (Substitute for the Public Service Commission) were an¬nounced through the media, whereupon the plaintiff instituted an action against the defendants claiming a declaration that his purported removal be declared null and void; a declaration that the procedure used was wrong, and damaging. The trial Judge, after considering the evidence, found for the plaintiff, declared the pur¬ported removal null and void and awarded damages for breach of contract of service. This decision was however set aside by the Federal Court of Appeal which was of the opinion that the provisions of Section 275 (1) and (2) of the 1979 con¬stitution should be read together, the result of this logic being that, since the body of which the plaintiff was a member had ceased to exist by virtue of a constitutional provision, the plaintiffs appointment as a member of the defunct body should cease to exist too. The plaintiff thus further appealed to the Supreme Court.

Issues

  • 1.
    Is it proper to remove a member of a State's Public Service Commission...
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