-orders Edo House of Assembly Service Commission to reinstate
Samuel Efezokhae as Deputy Clerk
![image](/2021/07/Justice-Ejembi-Eko-1.jpg")
![image](/2021/08/heroLawp.jpg")
The Presiding Judge, Benin Judicial division of the National
Industrial Court, His Lordship, His Lordship, Hon. Justice Adunola
Adewemimo has set aside the purported compulsory retirement of Edo
State House of Assembly Deputy Clerk, Mr. Samuel Efezokhae from
office.
![image](/2021/07/escrow-service1.jpg")
The Court held that Mr. Samuel’s employment is regulated by the
Edo State Civil Service Rules and cannot be said to have held his
office as Deputy-Clerk of the House of Assembly at the pleasure of
the Speaker.
In addition, Justice Adewemimo ordered the Edo State House of
Assembly Service Commission to reinstate Mr. Samuel to his position
as Deputy Clerk (Legislative) of Edo State House of Assembly,
without any loss of seniority with payment of all his salaries and
entitlements from June 2019 till date.
From facts, the claimant- Mr. Samuel Efezokhae had submitted
that he was employed in 1990, confirmed as an appointee of Edo
State Civil Service in 1992, and was deployed to the Edo State
House of Assembly, where he enjoyed several promotions and was
eventually promoted to the position of Deputy Clerk till he was
compulsorily retired on 24th June 2019, and argued that he still
has six (6) years remaining in service.
He claimed that his retirement was unlawful as there was no
allegation or proof of wrongdoing against him, and was yet to clock
the statutory age of retirement at that point, that all effort to
get back to office proved abortive.
In defense, the Edo State House of Assembly contended that Mr.
Samuel’s appointment as Deputy Clerk of the House of Assembly was
held at the pleasure of the Speaker of the House and his compulsory
retirement cannot be faulted, urged the court to dismiss the case
in its entirety.
The Assembly counsel, R. O. Isenalumhe Esq stated that the Mr.
Samuel suit is premature as he did not exhaust the house internal
remedy tools and did not give pre-action notice before approaching
the Court and the Edo State House of Assembly Service Commission
has no role in the appointment and removal of a Deputy Clerk urged
the court to strike out the case.
In opposition, Mr. Samuel’s counsel, Ohenhen Esq argued that the
Edo House of Assembly contention that his client’s failure to issue
and serve a pre-action notice before commencing the suit was
misplaced urged the court to grant the reliefs sought.
Delivering the judgment after careful evaluation of the
submissions of both parties, the presiding judge, Justice Adunola
Adewemimo struck out the name of the State House of Assembly for
the failure of Mr. Samuel to serve pre-action notice as required by
law and affirmed the 2nd defendant- Edo State House of Assembly
Service Commission as the sole defendant.
Justice Adewemimo held that Samuel’s employment is regulated by
the Edo State Civil Service Rules and cannot be said to have held
his office as Deputy-Clerk of the House of Assembly at the pleasure
of the Speaker.
The Court further held that the defendant’s action in
compulsorily retiring the claimant before the date provided in the
Rules is therefore not only premature but in clear breach of the
Edo State Civil Service Rules.
-orders Edo House of Assembly Service Commission to reinstate
Samuel Efezokhae as Deputy Clerk
The Presiding Judge, Benin Judicial division of the National
Industrial Court, His Lordship, His Lordship, Hon. Justice Adunola
Adewemimo has set aside the purported compulsory retirement of Edo
State House of Assembly Deputy Clerk, Mr. Samuel Efezokhae from
office.
The Court held that Mr. Samuel’s employment is regulated by the
Edo State Civil Service Rules and cannot be said to have held his
office as Deputy-Clerk of the House of Assembly at the pleasure of
the Speaker.
In addition, Justice Adewemimo ordered the Edo State House of
Assembly Service Commission to reinstate Mr. Samuel to his position
as Deputy Clerk (Legislative) of Edo State House of Assembly,
without any loss of seniority with payment of all his salaries and
entitlements from June 2019 till date.
From facts, the claimant- Mr. Samuel Efezokhae had submitted
that he was employed in 1990, confirmed as an appointee of Edo
State Civil Service in 1992, and was deployed to the Edo State
House of Assembly, where he enjoyed several promotions and was
eventually promoted to the position of Deputy Clerk till he was
compulsorily retired on 24th June 2019, and argued that he still
has six (6) years remaining in service.
He claimed that his retirement was unlawful as there was no
allegation or proof of wrongdoing against him, and was yet to clock
the statutory age of retirement at that point, that all effort to
get back to office proved abortive.
In defense, the Edo State House of Assembly contended that Mr.
Samuel’s appointment as Deputy Clerk of the House of Assembly was
held at the pleasure of the Speaker of the House and his compulsory
retirement cannot be faulted, urged the court to dismiss the case
in its entirety.
The Assembly counsel, R. O. Isenalumhe Esq stated that the Mr.
Samuel suit is premature as he did not exhaust the house internal
remedy tools and did not give pre-action notice before approaching
the Court and the Edo State House of Assembly Service Commission
has no role in the appointment and removal of a Deputy Clerk urged
the court to strike out the case.
In opposition, Mr. Samuel’s counsel, Ohenhen Esq argued that the
Edo House of Assembly contention that his client’s failure to issue
and serve a pre-action notice before commencing the suit was
misplaced urged the court to grant the reliefs sought.
Delivering the judgment after careful evaluation of the
submissions of both parties, the presiding judge, Justice Adunola
Adewemimo struck out the name of the State House of Assembly for
the failure of Mr. Samuel to serve pre-action notice as required by
law and affirmed the 2nd defendant- Edo State House of Assembly
Service Commission as the sole defendant.
Justice Adewemimo held that Samuel’s employment is regulated by
the Edo State Civil Service Rules and cannot be said to have held
his office as Deputy-Clerk of the House of Assembly at the pleasure
of the Speaker.
The Court further held that the defendant’s action in
compulsorily retiring the claimant before the date provided in the
Rules is therefore not only premature but in clear breach of the
Edo State Civil Service Rules.