ADMINISTRATIVE LAW ā Public Service Retirement ā Power to Retire Civil Servants ā Applicable Law for State Civil Servants
Principle Statement
The applicable law to the appellant's case is the Pensions and Gratuities Law (Cap) 111 of the Laws of Kaduna State 1991. Section 9 thereof reads: '(1) Every officer shall retire upon attaining the age of 60 years, so however, that for officers retiring on or before 31 March 1978 the compulsory retiring age shall be 55 years. (2) The Commission may require an officer to retire from the service at any time after he has attained the age of 45 subject to three month's notice in writing of such requirement being given.' By subsection 2 the Civil Service Commission of the State had power to retire the appellant from service after he had attained the age of 45 years. His retirement therefore was covered by law.
Ratio Decidendi (Source)
Per OGEBE, JSC, in Abdullahi v. The Military Administrator (2009) NLC-123-146-2003(SC) at pp. 20ā21; Paras DāA.
"The applicable law to the appellant's case is the Pensions and Gratuities Law (Cap) 111 of the Laws of Kaduna State 1991. Section 9 thereof reads: '(1) Every officer shall retire upon attaining the age of 60 years, so however, that for officers retiring on or before 31 March 1978 the compulsory retiring age shall be 55 years. (2) The Commission may require an officer to retire from the service at any time after he has attained the age of 45 subject to three month's notice in writing of such requirement being given.' By subsection 2 the Civil Service Commission of the State had power to retire the appellant from service after he had attained the age of 45 years. His retirement therefore was covered by law."
Explanation / Scope
This principle establishes that State civil servants are governed by the State’s Pensions and Gratuities Law, not federal legislation. Under Section 9(2) of the Kaduna State Pensions and Gratuities Law, the Civil Service Commission has power to retire an officer after age 45 with three months’ notice. The principle applies where the validity of a public officer’s retirement is challenged. It ensures that the correct law is applied. The principle reflects the federal structure of Nigeria. It prevents confusion between federal and state laws. The court must determine the applicable law based on the employing authority. The principle provides clarity on retirement powers.
