CIVIL SERVICE COMMISSION IMO STATE & ANOR. V. GODWIN ...

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prejudice to the powers vested in the Governor and the state judicial service commission to- (a) Appoint persons to offices in the state civil service; and (b) Dismiss and exercise disciplinary control over persons holding such offices 2. The commission shall not exercise any of its power under such paragraph (1) of this paragraph in respect of such offices of head of divisions of ministries or of departments of the Government of the state as may from time to time be designated by an order made by the Governor except after consultation with the Head of the civil service of the state. What is more, section 207 of the 1999 constitution (supra) is to the effect that- "207. subject to the provisions of this constitution, a state civil service commission may, with the approval of the Governor and subject to such condition as it may deem fit, delegate any of the powers conferred upon it ,by this constitution to any of its members or to any officer in the civil service in the state".. The office of the 2nd Appellant, on the other: hand is also a creation of the constitution by virtue of section 208 thereof which inter alia provides thus: 208. -- (1) power to appoint persons to hold or act in the office to which this section applies and to remove persons so appointed from any such office shall vest in the Governor of the State. 2. The offices to which this section applies are namely _ (a) Secretary to the Government of the state. 25
With particular regard to the instant case no evidence was adduced at the trial court to show that the 1st Appellant had at any time delegated its power to the 2nd Appellant or any person for that matter, to issue out Exhibits AG6 and AG8 in question. It is common ground that at the time the Respondent was purportedly retired as a result of Exhibit AG8 was a public servant in the services of Imo State serving as secretary of the Executive Council. A close perusal of the provisions of PART II of the THIRD SCHEDULE Paragraph A 2 (1) and (2) to the constitution (supra), shows clearly and unequivocally that the power to appoint, discipline, retire or dismiss the Respondent from the state service is duly vested in the 1st Appellant. Thus in the absence of any clear evidence of delegation of the 1st Appellants power to the 2nd Appellant, Exhibits AG6 and AG8, are as rightly held by the learned trial judge, null, void, and of no effect whatsoever. There is no doubt that the purported retirement of the Respondent vide Exhibits AG6 and AGS, has amounted to a flagrant usurping of the constitutional powers of the 1st Appellant by the 2nd appellant. I consider it highly irregular and reprehensible the 2nd Appellant had put himself and the Government of Imo State in the unfortunate albeit unnecessary situation where he had to take a decision which he had no constitutional power to take. As alluded to above, it's a trite principle of law that wherever any body of persons (or authority) having legal authority to determine questions affecting the light of subjects 26
Page 2 and 3: CIVIL SERVICE COMMISSION IMO STATE
Page 4 and 5: 2 PRACTICE AND PROCEDURE - MISTAKE
Page 6 and 7: 4 CONSTITUTIONAL LAW - RIGHT TO FAI
Page 8 and 9: He later in l980 applied for and wa
Page 10 and 11: the form designated for fresh appoi
Page 12 and 13: See pages 2 -5 of the Record. It's
Page 14 and 15: hereby quashed: (b) Whether the cou
Page 16 and 17: counsel who prepared the Notice did
Page 18 and 19: than 2003 is, with due respect no d
Page 20 and 21: that the party was entitled to be h
Page 22 and 23: On the other hand, the submission o
Page 24 and 25: 1st Appellant to communicate the de
Page 28 and 29: or citizens, and having the duty to
Page 30 and 31: nor in technicalities. These should
Page 32 and 33: This issue is said to have been dis
Page 34 and 35: shield. I think I can not agree mor
Page 36 and 37: And also hold. Hence, in the final
Page 38: E. C. AGUTA (MRS) For Appellants M.

CIVIL SERVICE COMMISSION IMO STATE & ANOR. V. GODWIN ...

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