BEST LAW REPORT SUBSCRIPTION PRICE!!

  • Ibrahim v. Judicial Service Commission
  • 120
  • 2002-09-16
  • ₦ 200
  • Buy Now

Ibrahim v. Judicial Service Commission

MOHAMMED IBRAHIM

V

JUDICIAL SERVICE COMMISSION

KANO STATE PUBLIC SERVICE COMMISSION

HON. ATTORNEY-GENERAL/COMMISSIONER FOR JUSTICE

COURT OF APPEAL

( KADUNA DIVISION )

ISA AYO SALAMI, JCA ( Presided and Read the Lead Judgment )

MAHMUD MOHAMMED, JCA

VICTOR AIMEPOMO OYELEYE OMAGE, JCA

CA/K/212/97

THURSDAY, 12TH JULY, 2001

INTERPRETATION OF STATUTE - ‘Or’ and ‘and’ as conjunctive words Need to occasionally read one for the other

INTERPRETATION OF STATUTE - Construing a statute - Governing principles - Duty of court in respect thereto

INTERPRETATION OF STATUTE - Gap discovered in a statute - How remedied - Duty of court when interpreting same - Whether court can substitute its words

INTERPRETATION OF STATUTE - Grammatical and ordinary sense of the words used in statute - Need to adhere to

INTERPRETATION OF STATUTE - Interpretation Law Cap. 65 - Interpretation of ‘any person’ therein vis-a-vis determination of vicarious liability of public authorities

INTERPRETATION OF STATUTE - Literal meaning - When should be given to a statute

JUDGMENT AND ORDERS - Obiter dictum in judgment of Supreme Court -  Whether rises to ratio decidendi which is binding on the Court of Appeal

PRACTICE AND PROCEDURE - Preliminary objection - When can be raised - How raised - Effect of

PUBLIC OFFICER - Public authorities - Vicarious liability of within the provisions of the Interpretation Law (Cap. 65) and Public Protection Law of Kano State (Cap. 121)

PUBLIC OFFICERS - ‘Public officers’ and ‘public department’ - Whether synonymous

PUBLIC OFFICERS - ‘Public officer’ - Meaning of - Public Officers ( Special Provisions) Law, Cap  122

PUBLIC OFFICERS - Public Officers (Protection) Law 1963 - Categories of person protected thereunder

STATUTE - Public Officers (Protection) Law 1963 - Categories of person protected thereunder

STATUTE - Public Officers (Protection) Law, Cap. 121 - Interpretation of the word ‘person’ therein - Inapplicability of Momoh vs. Okewale (1977) 6  SC 81 thereto

STATUTE - Public Officers (Special Provisions) Law, Cap 122 - Public officer - Meaning of

WORDS AND PHRASES - ‘Public officers’ - Meaning of

WORDS AND PHRASES - ‘Public officers’ and ‘public department’ -

Whether synonymous

Issue:

Whether the definition of “public officer” is such that covers public institution such as the respondents in this appeal and are therefore protected by the provisions of section 2(a) of the Public Officers ( Protection) Law, Cap. 121, Laws of Kano State.

Facts:

The plaintiff was an erstwhile member of the Kano State Judiciary, who rose through the ranks, and became a magistrate.  By a letter dated 18 th August, 1994, the 1st defendant terminated his employment with the Judicial Service Commission.  The plaintiff brought this action one year after his termination.  The 1st defendant therefore raised a preliminary objection that the action is not maintainable against the Judicial Service Commission, Kano State after three months since the cause of action arose, as provided for under the Public Officers Protection Laws, Kano State. The court upheld the preliminary objection after hearing arguments from the parties.  The plaintiff felt aggrieved and appealed to the Court of Appeal.