MORAKINYO V. IBADAN CITY COUNCIL

• Pages: 167-170

MORAKINYO V. IBADAN CITY COUNCIL

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167

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MORAKINYO V. MADAN CITY COUNCIL

I.A. MORAKINYO

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APPELLANT

V

10 IBADAN CITY COUNCIL

(substituted for the Ibadan District

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RESPONDENT

Council by Order of the Supreme Court)

SUIT NO. FSC 385/62

SUPREME COURT OF NIGERIA

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ADEMOLA,

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C.J.N.

BRETT,

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J.S.C.

BAIRAMIAN,

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J.S.C.

29th June, 1964

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Legislation - Western Nigeria - A, Local Government Law (1959 Laws of W.N.

- C.68), s. 109, and s.111 - B, Local Govenunent (Staff) Regulations, Appendixes

B1 and B2 - C, Local Govemnzent Staff (Retirement Benefits) Regulations,

Regs. 7, 12, 17 and 32.

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Employment - Local Council - Employees - Contractual - Pension - No right to

grant - But right to payment when granted - Council's power to withhold

pension when granted - Limited.

ISSUES:

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1. Whether an employee can claim a right to be granted a pension or gratuity.

2. Can an employer withhold a pension after it has granted it to an employee.

FACTS:

A Council employee is offered an appointment, which he accepts, and he signs

an agreement, which refers to the above Regulations at B. When he retires he

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may be granted a pension and gratuity under the Regulations at C, upon appro-

val by the Minister. He has no right to pension or gratuity (C. Reg.32); his pen-

sion may be stopped if he is convicted but must be restored if he is pardoned (C,

Reg. 12); and the Council may recover any sum owing by him out of pension or

gratuity payable to him: s.111 of the Law at A.

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Sometime before the Plaintiff's retirement there was some loss at a store then

in his charge, but the board of incuiry exonerated him. When he retired, he was

granted a pension and gratuity, but the Council, without telling him in advance,

kept them to recover that loss. He sued in the Magistrate's Court for payment of

them but failing there, and on appeal to the High Court, he appealed further to the

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Supreme Court. The argument for the Council was that he had no right to pen-

sion or gratuity, and in any case could not sue in a Magistrate's court.

HELD:

1.

An employee cannot claim a right to be granted a pension (or gratuity); but

once it is granted the Council cannot withhold it except upon his being

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convicted; section 111 referred only to sums to which the Council's claim was

regularly established and did not authorise the Council to act as it did.

2.

The relationship between the Council and the plaintiff was contractual; the Local

Government Staff (Retirement) Regulations formed part of the terms of service,

and the Council had an implied contractual obligation to pay the pension [and