Halidu Musa & 21 Ors. v Governor Of Adamawa State & 2 Ors.

• Judge: Honourable Justice Sanusi Kado
• Judgment Date: 21 May 2020
• Respondent: Governor Of Adamawa State & 2 Ors.
• Appellant: Halidu Musa & 21 Ors.
• Docket Number: NICN/YL/12/2019
• Counsel: A.M. Ilyasu, Esq; Senior State Counsel ii, for the claimants.
• Court: National Industrial Court (Nigeria)

1. The Claimants took out Originating Summons dated 9th day of August 2019 and filed on the same day. The Originating Summons was brought pursuant to Order 3 Rule 3 of the National Industrial Court (Civil Procedure) Rules 2017 and section 6 (6) (A) and (B) of the Constitution of the Federal Republic of Nigeria 1999, (as amended). In the Originating Summons three questions were presented for resolution. They are:-
1. Whether by the provision of section 3 of the Adamawa State Local Government Establishment and Administration (Amendment) Law, 2017 and the tenure of appointment of the Claimants as contained in the Claimants' individual Letters of Appointments as Development Area Administrators dated the 25th day of September 2018, the 1st defendant was right when he relieved Claimants of their appointments on the 6th June, 2019, four months to the completion of their Tenure?
2. Whether having not completely served out the term of their appointments as provided under section 3 of the Adamawa State Local Government Establishment and Administration (Amendment) Law, 2017 and as also contained in the Claimants' Individual Letter of Appointment as Development Area Administrators all made on the 25/09/2019 as a result of the action of the 1st Defendant in relieving Claimants of their appointments on the 06/06/2019, the Claimants are not entitled to be paid Salaries, Allowances and Entitlements inclusive of the unexpired period of June, July, August and September, 2019?
3. Whether the Claimants are not entitled to be paid the sum of N26,942,144.00 (Twenty Six Million, Nine Hundred and Forty Two Thousand, One Hundred and Forty Four Naira) representing Salaries and Allowances as contained in their respective Appointment Letters and a further sum of N24,640,000.00 (Twenty Four Million Six Hundred and forty Thousand Naira) representing dispensation allowances, Hardship Allowances, Monthly Security and Monthly impres which the claimants have been enjoying by virtue of a secular(sic)/memo from the office of the Honourable Commissioner, Ministry of Local Government and Chieftaincy Affairs dated 03/02/2016 with reference No. LGA/GHY/S.24/ Vil. 11.
2. In anticipation of favourable resolution of the questions submitted for resolution, the claimants are praying the court for the following reliefs: They are:-
1. A Declaration by the Honourable Court that by the provision of section 3 of the Adamawa State Local Government Establishment and Administration (Amendment) Law, 2017 and the Tenure of Appointment as contained in the Claimants Individual Letters of Appointment as Development Area Administrators made on the 25th September, 2018, the 1st Defendant was wrong when he relieved Claimants of their Appointment on the 6th June, 2019, Four Month to the completion of their Tenure.
2. A Declaration that the Claimants haven (sic) not completed their Individual term of Appointment as provided under Section 3 of the Adamawa State Local Government establishment and Administration (Amendment) Law, 2017 and as also contained in the Claimants' Individual Letters of Appointment as Development Area Administrators made on the 25/09/2018 as a result of the action of the 1st Defendant in relieving Claimants of their Appointments on the 06/06/2019, are entitled to be paid Salaries, Allowances and Entitlements including the unexpired period of June, July, August and September, 2019.
3. An order directing the Defendants to pay the Claimants the sum of N26,942,144.00 (Twenty Six Million, Nine Hundred and Forty Two Thousand, One Hundred and Forty Four Naira) representing Salaries and Allowances as contained in their respective Appointment Letters and a further sum of N24,640,000 (Twenty Four Million, Six Hundred and Forty Thousand Naira) representing Dispensation Allowances, Hardship Allowances, Monthly Security and Monthly Impress which the Claimants have• being (sic) enjoying by virtue of a secular(sic)/memo from the office of the Office of the Honourable Commissioner, Ministry of Local Government and Chieftaincy Affairs dated 03/02/2016 with Reference No. LGA/GHY /S.24/VOL.11.
4. Any other order(s) that the justice of this case may demand.
3. The Originating Summons was supported by a 19 paragraphs affidavit sworn to by the 1st claimant. There are attached to the affidavits exhibits. In compliance with the rules of court the claimant filed a written address. A further and better affidavit was also filed in response to the counter-affidavit filed by the defendants. A written address was also filed along with the further and better affidavit.
4. In opposition to the Originating Summons the defendant filed a 15 paragraphs counter-affidavit sworn to by one Joel Tiki, a Deputy Director, Local Government Affairs, Adamawa State Ministry for Local Government and Chieftaincy Affairs. Attached to the counter-affidavit is an annexure marked as exhibit ‘A’.
5. In his oral adumbration before the court H. T. Shabo, Esq; counsel for the claimants relied on the depositions contained in the affidavit in support of the Originating Summons and the further and better affidavit, as well as all the exhibits attached to the affidavit evidence of the claimants. Counsel also adopted his written addresses filed along with the two affidavits of the claimant as his argument in this application.
6. In advancing argument in support of question one, submitted for resolution by the court, counsel contended that the 1st defendant was wrong when on 6/6/2019, to have relieved the claimants of their appointment as Development Area Administrators four Months to the completion of their tenure. To buttress his contention counsel placed reliance section 3 and 8 of the Adamawa State Local Government Establishment and Administration (Amendment) Law, 2017, which provides that the tenure of State Development Area Administrator shall be one year from the date of appointment and may be removed after expiration. Counsel contended that section 3 is very clear and unambiguous on the tenure of State Administrators. Counsel contended that the use of the word ‘’shall’’ in the section was deliberate, it connotes mandatorily which means that the term is for a year as provided and not subject to the whims and caprices of the 1st defendant as was hitherto in the principal legislation. According to counsel the intention of the law makers was to guarantee one-year tenure for the claimants.
7. According to counsel that it is not in doubt that vide exhibit 1A which is the broadcast speech, the 1st defendant relived the claimants of their appointment on 6/6/2019 four months to the completion of their tenure. With this the claimants who were appointed on 25/9/.2018 to serve up to 24/9/2019, were cut short by four months by the action of the 1st defendant. Counsel urged the court to hold that the termination of or relieving of the claimants of their appointment buy the 1st defendant was wrong and of no effect.
8. In arguing questions two and three together counsel contended that the claimants are entitled to be paid the sum of N26,942,144.00 (Twenty Six Thousand, Nine Hundred and Forty Naira) representing salaries and allowances or entitlement as contained in their letters of appointments (cumulatively) for the four Months unexpired of their tenure i.e four Months of June, July August and September 2019. It is also contended that the claimants are also entitled to the sum of N24,640,000.00 representing arrears of other allowances as contained in the Secular(sic)/Memo from the office of the Hon. Commissioner, Ministry of Local Government and Chieftaincy Affairs(Supervising Ministry) for the Months of March, April, and May (arrears) and for the Months of June, August and September, 2019. The claimants herein had being (sic) enjoying the extra allowances of N110,000.00 as contained in the Secular (sic) up to the Month of February 2019 and still entitled to same till the end of their tenure in September 2019.
9. Counsel posited that in a wrongful termination of employment of this nature, the measure of damages is prima facie the amount that the appointee would have earned had the employment continued according to the contract. In support of this contention counsel relied on the case of Nigerian Produce Marketing Board - VS - Adewunmi (1972} II SC III at 117. However, counsel was quick to add that the appointee cannot get both damages and reinstatement concurrently. To support this view reliance was placed on the case of Kabel Metal Nig. Ltd - VS - Ativie (2002} 10 NWLR (PT 775} 250.
10. Counsel further contended that in the instant case, the Claimants are asking for their entitlements of their appointments. This is more so that the tenure of appointment as at the time of the termination i.e. 06/06/2019 had only four (4) months left and as at the time of filling this suit - less than 3 months left and these period falls within the Annual Vacation of the Honourable Court. Counsel urged the court to resolve question two and three in favour of the claimants.
11. In concluding his submission counsel contended that the claimants have established that they were appointed as Development Area Administrators for a tenure of one month and their appointments were terminated four Months to the completion of their one year tenure contrary to law. Counsel urged the court to grant the reliefs being sought by the claimants.
12. The defendants in opposing this Originating Summons have filed a counter affidavit and a written address. A. M. Ilyasu, Senior State Counsel 2, Ministry of Justice Adamawa State, who represented the defendants in advancing oral argument in opposition to the Originating Summons informed the Court that...