CaseLaw
Shitta-Bey (1981) CLR 1(b) (SC) V. Federal Public Service Comm.
Judgement delivered on January 16th 1981
Brief
Facts
On 15th October, 1973, one Iyabo Olorunkoya, a Nigerian, was arrested in London while attempting to import into the United Kingdom seven cases containing Indian Hemp, a "dangerous and prohibited drug". In the course of investigation into this offence, a letter from the appellant, who at the time was holding the post of Legal Adviser in the Federal Ministry of Justice (a post in the established cadre of the Federal Civil Service), asking Iyabo to "send details as soon as" she arrived in London was found in her possession. On the 14th of March, 1974, the Acting Solicitor-General of the Federation and Permanent Secretary of the Federal Ministry of Justice wrote a letter. Exhibit "A" to the appellant in which he stated that he had been directed by the Federal Public Service Commission (the respondent herein) to request the appellant to proceed on leave immediately, pending investigations into his alleged involvement in the criminal case in England against Iyabo Olorunkoya, who by then had been convicted for certain offences relating to the importation in that country of Indian Hemp. This letter was followed by another letter dated the 10th April, 1974 (Exhibit "B" in these proceedings) written by the same officer (i.e. the Acting Solicitor-General and Permanent Secretary aforesaid) to the appellant disclosing to him the decision of the respondent that he be "interdicted" from service pending the outcome of the inquiry. Yet another letter (Exhibit "B(1)" in these proceedings) written on the 11th April, 1974 by the same officer (i.e. the Acting Solicitor-General and Permanent Secretary aforesaid) to the appellant requested him to read "suspended" for the word "interdicted" in Exhibit "B". At the end of the inquiry into the appellant's alleged involvement in the crime for which Iyabo Olorunkoya was convicted, the acting Secretary of the Respondent Commission herein wrote a letter dated 7th January, 1975 (Exhibit "C" in these proceedings) to the appellant wherein he stated.
The appellant after receipt of the letter, Exhibit "C" instituted Court proceedings whereupon the High Court (Bada, J.) gave judgment in favour of the appellant and de¬clared both acts of the respondent Commission null and void.
Respondent did not appeal from the decision, neither did it respond to the judgment nor to the persistent request of the appellant to be re-instated.
Appellant was then forced to institute proceedings in the High Court asking for an order of mandamus to compel the respondent to discharge its duty and give effect to the judgment of Bada, J.
Adefarasin, J. dismissed the action and the Court of Appeal upheld the dismissal, both courts being of the view that the courts could not make an order compelling the Public Service Commission to re-instate a public servant whose employment had been terminated.
Appellant appealed to the Supreme Court. Dada.