(2017) JELR 40268 (SC)    

Supreme Court  ·  SC.491/2014 ·  7 Apr 2017 ·  Nigeria
WALTER SAMUEL NKANU ONNOGHEN Justice of The Supreme Court of Nigeria MUSA DATTIJO MUHAMMAD Justice of The Supreme Court of Nigeria KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN Justice of The Supreme Court of Nigeria EJEMBI EKO Justice of The Supreme Court of Nigeria SIDI DAUDA BAGE Justice of The Supreme Court of Nigeria
Core Terms Beta
public service rules
federal civil service commission
trial court
nigeria customs service
4th appellant
conditions of service
nigeria customs service board
main object
21st december
general policy guidelines
years of age
nigerian customs service
nigerian customs service board
statutory flavor
civil service
comptrollers of customs
compulsory retirement age of all grades
constitution of the federal republic of nigeria
control of the federal ministry of finance
federal high court
issue of his date of birth
nigerian customs service act
pensionable employment
purported retirement of the plaintiffs
record of appeal
1st plaintiff
1st plaintiffs
body of rules
customs officers
discipline officers
following finding of fact
kano state
leading judgment
learned justices of the court of appeal
nigerian customs board section
provisions of the public service rules
public service reforms
service of the 2nd appellant
services of the 2nd defendant
specific findings of fact
view of the foregoing

EJEMBI EKO, J.S.C. (Delivering the Leading Judgment): The Respondent and one Comptroller A.A. Ahmed, respectively the 2nd and 1st Plaintiffs, were customs officers until 21st December, 2009 and held Offices each as Comptrollers of Customs in the Nigeria Customs Service. On 21st December, 2009 they came to office and were denied entry into their various offices by the representatives of the 1st and 2nd (Appellants) on the basis that they have been purportedly retired from the services of the 2nd (Appellant) in which they work under the instructions of the 3rd (Appellant). They were not, until then, aware that they had been retired from the service of the 2nd Appellant.

The Nigerian Customs Service Board Act Cap 100, LFN 2004 has in Section 1(1) thereof, enacted by the National Assembly pursuant to its powers to legislate on any item contained in the Exclusive Legislative Lists (particularly Item 16 thereof), established the Nigerian Customs Board Section 1(1) of the said Nigerian Custom…

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