IN THE SUPREME COURT OF NIGERIA
HOLDEN AT ABUJA
ON FRIDAY, THE 1ST FEBRUARY, 2019
BEFORE THEIR LORDSHIPS
MARY UKAEGO PETER ODILI-Justice, Supreme Court
KUMAI BATANG AKAAHS-Justice, Supreme Court
KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN-Justice, Supreme Court
AMIRU SANUSI-Justice, Supreme Court
EJEMBI EKO-Justice, Supreme Court
SC.63/2010
BETWEEN:
1.KWARA STATE JUDICIAL SERVICE COMMISSION
2.HON. JUSTICE TIMOTHY OYEYIPO- (CHAIRMAN, KWARA STATE JUDICIAL SERVICE COMMISSION… APPELLANT
3.MRS. OLALERE-SECRETARY JUDICIAL SERVICE COMMISSION
4.ATTORNEY-GENERAL OF KWARA STATE
AND
MISS YETUNDE ZAINAB TOLANI ……………………………………..…………………………… RESPONDENT
JUDGMENT
(Delivered by AMIRU SANUSI, JSC)
I have had the opportunity of reading before now, a forward copy of the lead judgment in this appeal earlier supplied to me by my learned brother Mary Ukaego Peter-Odili, JSC.
On reading the said Judgment, I find myself in accord with the reason and conclusion reached that this appeal should be dismissed for want of merit. All the salient issues canvassed by the parties’ learned counsel were adequately addressed. I have nothing useful to add except to also dismiss the appeal having agreed with the reasoning and conclusion reached therein.
AMIRU SANUSI – Justice, Supreme Court
COUNSEL
J.A. MUMINI (DPP) Kwara State for Appellant and with him is A.B. DARAMOLA Esq.
SALMAN JAWONDO, Esq. with ABDU WASIU LAWAL Esq. and ANDREW APEH, Esq. for the Respondent.
IN THE SUPREME COURT OF NIGERIA
HOLDEN AT ABUJA
ON FRIDAY, FEBRUARY 1, 2019
BEFORE THEIR LORDSHIPS
MARY UKAEGO PETER-ODILI-Justice, Supreme Court
KUMAI BATANG AKAAHS-Justice, Supreme Court
KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN – Justice, Supreme Court
AMIRU SANUSI-Justice, Supreme Court
EJEMBI EKO-Justice, Supreme Court
SC.63/2010
BETWEEN:
1.KWARA STATE JUDICIAL SERVICE COMMISSION
2.HON. JUSTICE TIMOTHY OYEYIPO (Chairman, Kwara State Judicial Service Commission ……… Appellant
3.MRS. OLALERE, Secretary Judicial Service Commission
4.ATTORNEY-GENERAL OF KWARA STATE
AND
MISS YETUNDE ZAINAB TOLANI ……………………………………..…………………………… RESPONDENT
JUDGMENT
(Delivered by KUMAI BAYANG AKAAHS, JSC)
I read before now the leading judgment of my learned brother, Mary Ukaego Peter-Odili, JSC whereby my learned brother found no merit in the appeal and dismissed same. I entirely share the views expressed in the leading judgment.
The respondent was employed by the Kwara State Judicial Service Commission as a Magistrate Grade II. Following a petition written by one Abdulrasak Tunde Raji that she was married, a fact which she and her father, Chief Lamidi Adeshina Tolani vehemently refuted, her appointment was withdrawn. And when her plea for a review of the withdrawal of the appointment fell on deaf ears, she filed an action in court seeking a nullification of the withdrawal of the appointment and her reinstatement as well as payment of her salaries, allowances and all entitlements as Magistrate Grade II with effect from 27 December, 2004. She partially succeeded at the High Court and appealed further appeal by the respondents/appellants to the Supreme Court.
The appellants have strenuously argued that the withdrawal of the respondent’s appointment is not due to her sex bit for failure to declare her marital status. But when DW1, who was Secretary of the Kwara State Judicial Service Commission was cross-examined, she admitted that marital status is not a consideration for appointment as a Magistrate. It becomes very baffling that her non-disclosure of her marital status constituted enough reason to terminate her appointment.
The appellants had no justifiable reason for terminating the appointment. The decision taken by the Kwara State Judicial Service Commission smacks of petty mindedness. She was not employed to superintend a Novitiate and so the action taken by the appellants was clearly illegal.
This appeal has no merit and deserves to fail. It is accordingly dismissed.
K. B. AKAAHS – Justice, Supreme Court
COUNSEL APPEARING
J. A. Mumini Esq. DPP, Kwara State (with A. B. Daramola Esq.) for the Appellant.
Salman Jawondo Esq (with Messr. Abdu Wasiu Lawal and Andrew Apeh) for the Respondent.
