HART V. MILITARY GOVERNOR, RIVERS STATE & ORS.

• Pages: 622-635

622

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NIGERIAN SUPREME COURT CASES

[1976] N.S.C.C.

HART V. MILITARY GOVERNOR, RIVERS STATE

& ORS.

ATHANASIUS KALADA HART

V

1.

THE MILITARY GOVERNOR

OF THE RIVERS STATE

2.

THE PUBLIC SERVICE

COMMISSION OF THE

RIVERS STATE

3.

THE ATTORNEY-GENERAL

OF THE RIVERS STATE

In the matter of the

application of Athanasius

Kalada Hart for an Order

of

Certiorari .

APPLICANT/APPELLANT

RESPONDENTS

SUIT NO. SC 196/1973

SUPREME COURT OF NIGERIA

FATAI-WILLIAMS, J.S.C.

IDIGBE,



J.S.C.

NASIR,



J.S.C.

19th November, 1976

Administrative Law - Certiorari - Application for an order of certiorari - Disciplinary

proceedings - Compulsory retirement - Abuse of office.

ISSUES:

1.

Whether disciplinary proceedings which have been found to be in accordance

with the rules of natural justice can be quashed.

2.

Whether a Court can interfere with disciplinary proceedings of the Civil Service

Commission, without being given proper cause to do so.

3.

Whether the Civil Service Commission has power to delegate its function to the

Military Governor of a State.

4.

Whether a Military Governor has power to interfere with disciplinary action taken

by the Civil Service Commission of his State.

FACTS:

This was an application for an Order of

Certiorari

(a) to quash the disciplinary

proceedings in respect of allegations of abuse of office commenced against the

applicant by the Public Service Commission of the Rivers State; and (b) to quash

the order of the Military Governor of the Rivers State whereby the applicant was

retired compulsorily from the Public Service of the Rivers State because of the al-

leged guilt of the applicant of the charge of abuse of office.

The Applicant was a civil servant in the Public Service of the Rivers State and

was Permanent Secretary, Ministry of Works, Lands and Transport, Rivers State,

at all material times. Pursuant to proceedings commenced against him before the

Public Service Commission of the State in respect of charges of abuse of office,

and after considering the written defence of the applicant, the Commission found

him guilty of abuse of office and recommended to the Military Governor that he