• Latest
  • Trending
LAW STUDENTS AND PRIDE: AN INSEPARABLE DUO?_Ismail Khadijat Moromoke

PAYMENT OF SEVERANCE ALLOWANCES AND PENSIONS TO POLITICAL OFFICERS OR APPOINTEES: A CRITIQUE OF THE CASE OF GOVERNOR OF KOGI STATE AND 3 ORS v NUHU AHMED AND 5 ORS (2019)3 AAQR 1__ Ismail Khadijat Moromoke

AAU ASUU Condemns SIT Over Alleged Activities, Set For Legal Action

ASUU Issues Ultimatum, Threatens Nationwide Strike

Drama as EFCC Boss Orders Arrest of Ex-Staff after Appearing on Matchmaking Show

Drama as EFCC Boss Orders Arrest of Ex-Staff after Appearing on Matchmaking Show

JAMB Takes Over Collection Of Registration Fee From CBT Centres To End Extortion

How to Re—Upload WAEC Results on JAMB Portal

11, 629 Teachers Sit for professional examination

JAMB Orders Re-Upload of WAEC Results

FG Shuts 22 Illegal Territory Institutions

FG Shuts 22 Illegal Territory Institutions

‘Harder, Faster’: How Sex Pills & Aphrodisiacs Are Damaging Bodies

‘Harder, Faster’: How Sex Pills & Aphrodisiacs Are Damaging Bodies

50-Year-Old Widow Fakes Pregnancy to Smuggle Cocaine

50-Year-Old Widow Fakes Pregnancy to Smuggle Cocaine

Monday, August 25, 2025
  • Login
No Result
View All Result
iDeemlawful
  • Home
  • News
  • Featured
  • Politics
  • LifeStyle
  • Advertise with Us
  • Opinion
  • Campus
iDeemlawful
No Result
View All Result
iDeemlawful
No Result
View All Result
  • Home
  • News
  • Featured
  • Politics
  • LifeStyle
  • Advertise with Us
  • Opinion
  • Campus
Home Featured

PAYMENT OF SEVERANCE ALLOWANCES AND PENSIONS TO POLITICAL OFFICERS OR APPOINTEES: A CRITIQUE OF THE CASE OF GOVERNOR OF KOGI STATE AND 3 ORS v NUHU AHMED AND 5 ORS (2019)3 AAQR 1__ Ismail Khadijat Moromoke

by iDeemlawful
December 27, 2021
in Featured, law Articles
A A
0
LAW STUDENTS AND PRIDE: AN INSEPARABLE DUO?_Ismail Khadijat Moromoke

1.0 Introduction

Political office holders had never dreamt that a time bomb would explode against them. The judgment of the penultimate court according to hierarchy of courts in Nigeria released the unexpected in 2019 and it was received with mixed feelings. Everyone was surprised to know if the court of appeal as laid down a new principle of law. It is expedient to critically evaluate and analyze the court of appeal judgment in this instant case in line with the justifiability of the payment of severance allowances and pensions to public office holders ending with some key recommendations.

2.0 Background of the Fact of the Case

The appelants in this instant case formerly the defendants was not satisfied with the judgment of R.B. Hanstrup J on 31st October, 2017 at the lower court- National Industrial Court held at Abuja which was in favour of the claimants now the respondents that they are entitled to severance allowances and pensions. Aggrieved, the appellants filed a notice of appeal without the leave of the court since the grounds of appeal are not bothering on fundamental rights as contained in section 243(2) and (3) of the 1999 Constitution of Federal Republic of Nigeria as altered and the appeal is of right. Both parties filed their respective briefs of arguments upon two grounds wherein the appellant raised two issues while the respondents raised one only. Justice Emmanuel Akomaye Again(JCA) who delivered the judgment on the case made an obiter which goes into the root of the appeal which should have quashed the case but it was heard on merit without the court having jurisdiction. This has led to injustice to law, the court and the parties involved.

SeeThese

Trump 2.0: everything, everywhere, all at once

THE DOCTRINE OF SEPARABILITY IN ARBITRATION

Sexually transmitted Diseases and the Law: Can victims in Nigeria seek Justice? by Lanase Usman

3.0 Appraisal of the appeal judgment

Regardless of the errors, the judgement of the court of appeal is applaudable. It laid down some principles of law and one of which is that originating summons can be used in cases where the substantial disputes of facts can be resolved on the affidavits and accompanying exhibits without the need to recognize to oral evidence to resolve them. Also, it reinstates the provisions of section 131(1) and (2) of the Evidence Act 2011 on burden of proof in civil matters.

The court of appeal was able to reversed the ruling of the trial court when it held that “since the claimant’s evidence failed to establish their case, the trial court should have dismissed the claimant’s case, instead of resorting to calling in aid, general, terse and speculative denials of the claimant’s case in the defendant’s counter affidavit, characterised them as substantial dispute of facts and on that basis give the claimants another opportunity to represent their case by way pleadings, after a full hearing of their case in merit”. This overruling judgement couldn’t be reach if the justices of the court of appeal where not embodiments of law.

4.0 Analysis and Critique of the Court Decision

4.1 Law is Moral: How sound? In delivering the judgement, the learned Justice Emmanuel, JCA held that the payment of severance allowances to the respondents after their tenure in their respective public offices is morally wrong. The court went further to hold that “the fact that the right (to severance allowances and pensions) is provided in the constitution and thereby made a constitutional right, does not make it morally right.

The questions now are; is the law a moral norm? Has morality taken the position of law? Is law not going to be applicable if it is not in conformity with people’s moral behaviors which are subjective? The penultimate court held to the effect that the payment of severance allowances and pensions to public office holders/appointees is legally right but morally wrong.

This is so glaring that everyone sees the court as court of moral not of law! Morality and law are two different concepts that are different from each other. Though morals should flow from the law, the law should remain supreme over and above morality. It is on this flowery that the court of appeal ruled against the respondents. It is so clear that the judgement can not stand the test of time definitely!

4.2 Jurisdiction: The Life Wire Aside from the fact that the judgement was laid down on a watery stand, the court itself proclaimed that it doesn’t have jurisdiction to hear the suit. Although, the issue of jurisdiction was raised suo motu by the court by the way, it goes into the root of the court to hear and determine this instant case. In fact, the court affirmed when it held inter alia that “as it is, this appeal is incompetent and this court lacks jurisdiction to entertain it”. By going ahead to hear the matter on merit, everything including the judgement delivered is deemed to be an exercise in futility and will be marooned in the miasma of nullity.

Even, Obaseki, JSC(as he then was) propounded in OLOHA v AKEREJA(1988)3 NWLR (PT. 84) 508, (1988)7 S.C (PT.1) that “…there is no justice in exercising jurisdiction where there is none. It is injustice to the law, to the court and to parties so to do”. Since the court does not have jurisdiction to determine this instant case in the first instance, severance allowances and pensions to public office holders/appointees should subsist.

5.0 Conclusion and Recommendations

The court of appeal judgement in this case is clothed with application of legal principles and depicts clear and sound application of law. However, the law is settled that issue of jurisdiction is very fundamental and without it, the whole proceedings of the court will be wasted efforts. The ground on which the court held that the respondents are not entitled to severance allowances and pensions is unknown to law and it may be reversed on appeal to supreme court.

It is only the justices of the supreme court that are regarded as infallible since they are final. On this, the following recommendations will enhance the justifiability of the payment of severance allowances and pensions to public office holders in Nigeria and it include:

1. Until the constitution is amended, the issue of severance allowances and pensions to public office holders remains justified; and

2. An Act of the national assembly should be enacted to facilitate the regulation of severance allowances.

Ismail Khadijat Moromoke A 200 level common and Islamic law student University of Ilorin, Ilorin, Nigeria https://www.linkedin.com/in/khadijat-moromoke-8a72a7213 and reachable via moromokekhadijat@gmail.com and 07014015871

Tags: GPS GadgetIsmail Khadijat Moromoke
Share199Tweet124SendShare
Previous Post

MSSN Founding Father, Hussein Akande is dead [PHOTO]

Next Post

22 Nigerian Movers and Shakers in 2022

iDeemlawful

iDeemlawful

Next Read

EFCC detains NAHCON Top Official Over Alleged ₦50bn 2025 Hajj Fraud
Business News

EFCC detains NAHCON Top Official Over Alleged ₦50bn 2025 Hajj Fraud

...

Read more
Alaafin Gives Ooni 48-Hour Ultimatum Over Yorubaland Title Clash
Breaking News

Alaafin Gives Ooni 48-Hour Ultimatum Over Yorubaland Title Clash

...

Read more
By-Election Results across States, recount as APC Sweeps 12 Seats, PDP, LP, ADC Struggle
Featured

By-Election Results across States, recount as APC Sweeps 12 Seats, PDP, LP, ADC Struggle

...

Read more
How President Tinubu, Opposition Coalition Leaders Snubbed Each Other at Buhari’s burial
Featured

How President Tinubu, Opposition Coalition Leaders Snubbed Each Other at Buhari’s burial

...

Read more
How Buhari was Honoured, Buried
Breaking News

How Buhari was Honoured, Buried

...

Read more
ADC website Crashes as Nigerians flood site to join Coalition Party
Featured

ADC: Five Unveiling Crisis casting doubts on the New Coalition

...

Read more
Muhammadu Buhari (1942–2025): Life, Times, “Presidency and Medical Trips”
Breaking News

Muhammadu Buhari (1942–2025): Life, Times, “Presidency and Medical Trips”

...

Read more
Trump threatens Nigeria with 10% Tariff for Supporting BRICS
Featured

Trump threatens Nigeria with 10% Tariff for Supporting BRICS

...

Read more
Next Post
22 Nigerian Movers and Shakers in 2022

22 Nigerian Movers and Shakers in 2022

Trends of Obi Cubana: EFCC ordeal, customer’s death, 2021 highlights of celebrity club owner

Trends of Obi Cubana: EFCC ordeal, customer’s death, 2021 highlights of celebrity club owner

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Recommended

I’m Open To A One-On-One Fight, If You Have A Problem With Me – Burna Boy Tells Shatta Wale

I’m Open To A One-On-One Fight, If You Have A Problem With Me – Burna Boy Tells Shatta Wale

Burna Boy Faces Police Probe

Burna Boy Faces Police Probe

AAU ASUU Condemns SIT Over Alleged Activities, Set For Legal Action

Strike Loom: ASUU To Embark On Indefinite Strike, Official

Most Popular

AAU ASUU Condemns SIT Over Alleged Activities, Set For Legal Action
Breaking News

ASUU Issues Ultimatum, Threatens Nationwide Strike

Drama as EFCC Boss Orders Arrest of Ex-Staff after Appearing on Matchmaking Show
Breaking News

Drama as EFCC Boss Orders Arrest of Ex-Staff after Appearing on Matchmaking Show

JAMB Takes Over Collection Of Registration Fee From CBT Centres To End Extortion
Campus News

How to Re—Upload WAEC Results on JAMB Portal

iDeemlawful

Copyright © 2019 iDeemlawful.

Useful Links

  • About Us
  • Advertise with Us
  • Editorial Policy

Follow Us

Copyright © 2019 iDeemlawful.

Welcome Back!

Login to your account below

Forgotten Password?

Retrieve your password

Please enter your username or email address to reset your password.

Log In