Before Their Lordships
VICTOR OYELEYE AIMEPOMO OMAGEJustice of The Court of Appeal of Nigeria
JEAN OMOKRI Justice of The Court of Appeal of Nigeria
MOJEED ADEKUNLE OWOADE Justice of The Court of Appeal of Nigeria
Between
ACHU TAKIM ACHU
V.
1.CIVIL SERVICE COMMISSION OF CROSS RIVER STATE
2.ATTORNEY-GENERAL OF CROSSRIVER STATE
OMOKRI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of Edem, J, of the High Court of Cross River State, Calabar delivered on 24/5/04 in Suit No. HC/471/2003.
The appellant, Achu Takim Achu was the plaintiff at the lower court. He asserted that he started work with the Cross River State Newspaper Corporation (hereinafter called Corporation) as Editor Grade 1 on 25/2/91. By letter dated 25/4/94, the Cross River State Civil Service Commission promoted him to the rank of Principal Editor,Grade Level 12.On 5/8/99, he was appointed as Secretary to the Corporation by His Excellency, Governor of Cross River State, Mr. Donald Duke. By a letter dated 4/9/2000,the appellant was posted to the Department of Local Government Affairs (now Ministry of Local Government)by the Head of Service. All along no one questioned or queried the promotions and transfer of the appellant from the Corporation to the Ministry of Local Government Affairs. By a letter dated 4/8/2003 and signed for the Head of Service the appellant was compulsorily or forcefully retired from service at the natural age of 42 years and after serving for only 12 years.
After all entreaties to reinstate the appellant failed, he instituted proceedings against the respondents (who were the defendants) at the lower court via an originating summons challenging his compulsory retirement before the trial court claiming the following reliefs:
“1. A declaration that the purported approval for the retirement of the plaintiff from the Cross River State Civil Service at the age of 42 years and after only 12 years of service without cause and due process is contrary to the provisions of the Cross River State Public Service Rules and the Guidelines on appointments, promotions and disciplines, etc. and is accordingly incompetent,null and void and of no effect whatsoever.
