Cause Of Action: How Determined (II)

Held (Unanimously dismissing the appeal):

On Meaning of cause of action:- A cause of action is a group of operative facts giving rise to one more bases for suing a factual situation that entitles one person to obtain remedy in court from another person. A situation or state of facts that entitled a party to maintain an action in a judicial tribunal. (Egbe v. Adefarasin (No.2) (1987) I NWLR (Pt. 47) 1; Ogbimi v. Ololo (1993) 7 NWLR (Pt, 304) 128’ Bello v. A.-G., Oyo State (1986) 5 NWLR (Pt. 45) 828; PN. Udoh Trading Co. Ltd. V. Abere (2001) II NWLR (Pt. 723) 114 referred to.) (P.401, paras. A-C)

On Meaning of cause of action:- A cause of action is the entire set of circumstances giving rise to an enforceable claim. It is the fact or combination of facts, which gives rise to a right to sue and it consist of two elements, viz: the wrongful act of the defendant which gives the plaintiff his cause of complaint, and the consequent damage. (A.-G.,Fed. v. Abubakar (2007) 10 NWLR (Pt. 1041) 1; S.P.D.C. (Nig.) Ltd. v. X.M. Federal Ltd. (2006) 16 NWLR (Pt. 1004) 189 referred to.) (P. 401, paras. C-E).

On Meaning of cause of action:- Cause of action is a factual situation the existence of which entitled one person to obtain a remedy against another person. It is a fact or combination of fact which when proved would entitled a plaintiff to as remedy against a defendant. It consists of every fact which could be necessary for the plaintiff to prove if traversed; in order to support his right to judgement of the court. That is the fact or combination of facts which give rise to a right to sue. (Nissan (Nig.) Ltd. v. Yoganathan (2010) 4 NWLR (Pt. 1183) 135; Dantata v. Mohammed (2000) 7 NWLR (Pt. 664) 176 referred to.) Pp. 401-402, paras. H-B)

On Determination of whether suit discloses cause of action:- In order to determine whether or not a  suit discloses a cause of action, and the relief sought, the courts are required to examine the averment, in the pleadings and see if they discloses a cause of action. Once the statement of claim raises some issues of law or fact calling for determination by the court, the mere fact that the case is weak and not likely to succeed is not ground for striking it out. Thus a pleading can only be said to disclose no cause of action where it is such that nobody can understand what claim the defendant is required to meet. (Idachaba v. Ilona (2007) 6 NWLR (Pt. 1030) 277; Nicon Ins. Corp. v. Olowofoyeku (2006) 5 NWLR (Pt. 973) 244 referred to.) (P.401,paras.E-G)

On Determination of whether suit discloses reasonable cause of action:- The proposition that a plaintiff has no reasonable cause of action can only be made upon an examination of the facts pleaded in the statement of claim and in the instant case upon the originating summons and the affidavit in support. It has nothing to do with the nature of the defence which a defendant may have to the plaintiff’s claim. The averments in the originating summons and the affidavit in support is the assessment whether or not the plaintiff has reasonable cause of action. In the instant case, the respondents’ appointment was in accordance with section 3(1) of the Local Government Service Commission Law No. 2 of 2000. Therefore, their removal must also be in accordance with section 4(1) of the said Law. The purported removal raised some issues of law and/or facts calling for determination by the court. (S.P.D.C. (Nig.) Ltd. v. Onasanya (1976) 6 SC 89 referred to.) (Pp. 404-405, paras. F-A)

On Procedure for appointment and termination of Chairman and members of Local Government in Ekiti State:- The Chairman and members of the Local Government in Ekiti State are appointed pursuant to section 3(1) of the Local Government Service Commission Law No. 2 of 2000, their appointments also can only be terminated pursuant to  the provision of section (4(1) of the said Law. Their appointments therefore enjoy statuary flavour having been appointed under the Local Government Service Commission Law No. 2 of 2000 as Chairman and members respectively for 3-year tenure from the date of appointment.

In the instant case, the inclusion of the words, “graciously approved” and “at the pleasure” in the letters of appointment of the respondents does not in all respect deprive the respondents of any legal right under the said law under which they were appointed. The fact that the respondents accepted the appointment as such does not make the respondents ordinary servants employed at the pleasure of the appellant but are statutory servants employed under the law. (Olaniyan v. University of Lagos (1985) 2 NWLR (Pt. 599; Olufeagba v. Abdul-Rheem (2009) 18 NWLR (Pt. 1173) 384 referred to.) (Pp. 403-404, paras. G-C)

Per ABBA AJI. C. A. at page 403, paras. C-H: “In the instant case, the facts are not in dispute that, before the termination of their appointments by the 1st appellant vide a radio announcement on the 22nd October, 2010, the respondents were chairman and members of the Ekiti State Local Government Service Commission and on the strength of their appointments functioned and served in their respective offices until the 22nd day of October, 2010 when their appointment were terminated by the 1st appellant. In fact their letters of appointments, exhibits AGI-AG8 states that they were appointed under the Local Government Service Commission Law No 2 of 2000. This cannot be further from truth.

It is therefore my view that the inclusion of the words “graciously approved” and “at the pleasure of the governor” in the respondents letters of appointment does not change the nature of their appointments made pursuant to the provision of the Local Government Service Commission Law No. 2 of 2000. The phrase “graciously approved” and “at the pleasure” does not in the circumstance make the respondents servants of the appellants that they can dismiss at their pleasure. It is therefore worthless and of no any legal consequence whatsoever.

The respondents were appointed pursuant to section 3(1) of the Local Government Service Commission Law No. 2 of 2000and their appointments could only be terminated pursuant to the provisions of section 4(1) of the said Law. Their appointments therefore enjoy statutory flavour having been appointed under the Local Government Service Commission Law No. 2 of 2000 as chairman and member respectively for 3 years tenure from  the date of the appointment.”