LEGAL PRINCIPLE: LABOUR LAW – Compulsory Retirement – Statutory Conditions – Requirement of Ministerial Authority for Premature Retirement
PRINCIPLE STATEMENT
The burden is clearly on the appellant here to show that the provisions of S.4 were faithfully complied with. There is nothing in the letter of the purported compulsory retirement to show that it was at the instance or intervention of the Minister. As he is the only appropriate authority who could require the respondent to retire from the service prematurely, it must be apparent on the face of the letter that he did so.
RATIO DECIDENDI (SOURCE)
Per Uwaifo, JSC, in Psychiatric Hospital Management Board v. Ejitagha (2000) NLC-471995(SC) at p. 5; Paras A–B.
"The burden is clearly on the appellant here to show that the provisions of S.4 were faithfully complied with. There is nothing in the letter of the purported compulsory retirement to show that it was at the instance or intervention of the Minister. As he is the only appropriate authority who could require the respondent to retire from the service prematurely, it must be apparent on the face of the letter that he did so."
EXPLANATION / SCOPE
Compulsory retirement under Section 4 requires ministerial authority. The employer must prove compliance, and ministerial intervention must be apparent on the face of the retirement letter. The Minister is the only authority who can require premature retirement. If the letter does not show ministerial initiation or intervention, the retirement is invalid. This protects public servants from arbitrary retirement by subordinate authorities. The employer cannot rely on unstated or hidden ministerial approval. The requirement ensures accountability and proper exercise of statutory power. The letter must speak for itself.