(2004) JELR 45065 (CA)    

Court of Appeal  ·  CA/I/208/2000 ·  21 May 2004 ·  Nigeria
Other Citations
Adesoye v. Gov., Osun State [2005] 16 NWLR (pt.950) Pg.1
Adesoye v. Gov., Osun State (2005) 16 NWLR (Pt. 950) 1
SAKA ADEYEMI IBIYEYE Justice of The Court of Appeal of Nigeria VICTOR AIMEPOMO OYELEYE OMAGE Justice of The Court of Appeal of Nigeria OLUFUNLOLA OYELOLA ADEKEYE Justice of The Court of Appeal of Nigeria
Core Terms Beta
removal act
learned counsel
1st respondent
governor of osun state
preliminary objection
statutory bodies
applicable law
post primary schools teaching service commission law
appropriate authority
civil service commission
removal of certain persons
existing law
high court of osun state
lower court
inter alia
members of the commission
ruling of the learned chief judge
years term
constitution of the federal republic of nigeria
current holders of the offices of chairman
last phrase of section
osun state government
osun state high court of justice
period of appointment of the applicants
provisions of the constitution of the federal republic
relevant officials of osun state government
repeal of an enactment
said variation
due consideration of the submissions of the learned counsel
facts of the case
final analysis
following reliefs
lack of reasonable cause of action
leading judgment
legal right
legislation affects
none of the parties
proper construction of sections
provision of ouster of court
ruling of a. a. sijuwade
said settled principle
similar issues
such modifications
view of section
view of the moribund status of the removal act
virtue of the provisions of section

IBIYEYE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of A. A. Sijuwade, C.J. (as he then was) of Osun State High Court of Justice, Osogbo delivered on the 17th day of May, 2000 in suit No. HOS/MISC.21/2000.

The ruling was based on the preliminary objection raised by the defendants now respondents against the action filed by the plaintiff now appellants.

The plaintiffs initiated the action in the court below by an originating summons in which they sought the following reliefs:

"(a) Whether the last phrase of section 5(2) of the Post Primary Schools Teaching Service Commission Law, 1992 which provides that the Governor may vary the period of appointment of the applicants is unconstitutional by virtue of:

(i) the provisions of the Constitution of the Federal Republic of Nigeria 1999?;

(ii) the fact that the law makes the said variation final and did not provide opportunity for the applicants to make representation to the Governor before the variation?.

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