Justice On The Way

 

 By Stephen Olufemi Oni

For years, Abdulfatai Aiyelabegan wondered if he will ever get justice over wrongful retirement. However, the Court of Appeal sitting in Ilorin on 24 October, 2008 has set aside the judgment of a High Court in Ilorin and ordered a re-hearing of the case before another High Court Judge. Aiyelabegan, who was employed by the Kwara State Local Government Service Commission, was working under Asa Local Government Council in Afon until he was compulsorily retired on 4 April 2005 over an audit report of investigation into the activities of local government councils in the State.

 

The Judicial Commission of Inquiry set up by the state government to investigate the matter turned a guilty verdict on Aiyelabegan for allegedly misappropriating a sum of N1,388,916 while serving at different times under Ilorin South and Asa Local government councils. Besides, he was also directed to refund the amount. Dissatisfied with this verdict, Aiyelabegan approached the High Court on 1 September, 2005 seeking, among others, a declaration that his purported retirement was unconstitutional, null and void and an order restraining the Local Government Service Commission, LGSC from deducting the alleged sum of N1,388,916 from his entitlement because there was no basis for it. Aside seeking a court declaration that he was never indicted by any commission of inquiry, the appellant also wanted the court to direct the LGSC to pay up his entitlement.

Objecting to the suit, counsel to LGSC, Mr. Saka Issau, SAN submitted that Aiyelabegan’s action was “statute-barred” having been filed outside the statutory limitation of three months for instituting an action against a public officer. Besides, he said the high court lacked the jurisdictional competence to entertain the suit. In the ruling delivered on 21 December 2006 at the lower court, Justice Fola Gbadeyan, agreed that the suit was indeed statute-barred because it failed to comply with the three months statutory limit for filing such an action. He therefore dismissed the suit accordingly. Aiyelabegan headed for the Appeal Court to seek redress.

 On whether the claims were statute-barred, Aiyelabegan’s counsel, Mr. Bola Rasaq Gold submitted that the court has a duty to first determine when “the Appellant’s cause of action accrued” for it to know if the action was brought within the stipulated time or not. According to Gold, while Aiyelabegan’s letter of termination was dated 4 April 2005, he did not receive it until 9 June 2005, suggesting that the trial judge erred in holding that his client’s claims were statute-barred without first determining whether his cause of action arose on 4 April,2005 or 9 June,2005. Justice Olufunlola Oyelola Adekeye,in her ruling,held that the date the letter of termination was dispatched to the appellant, was the effective date of the cause of action. Having filed his writ of summons in court on 1 September, 2005, Justice Adekeye said the period between 9 June,2005 and 1 September, 2005 was less than three months, meaning that the period for instituting an action had not elapsed before the appellant brought his action before the lower court. “In the final analysis, there is merit in this appeal and it is hereby allowed. The order of the lower court is hereby set aside. This case is to be remitted back to the High Court of Justice Ilorin Division for rehearing before another Judge,” the lead Judge ordered. The two other Justices, Justice Ignatius Igwe Agube and Justice Centus Chima Nweze concurred with the lead judgment.

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