By Adebisi Onanuga
The Ogun State government is seeking to settle out of court its ‘wrongful termination’ dispute with a former member of the Ogun State Judicial Service Commission, Abayomi Omoyinmi.
Omoyinmi’s suit at the National Industrial Court of Nigeria (NICN) is contesting the dissolution of the commission and termination of his appointment contrary to the 1999 Constitution.
Counsel to the state government, S.bA. Omotola, disclosed this at resumed proceedings of trial in the suit before Justice Dele Peters of the National Industrial Court of Nigeria (NICN), Ibadan.
The Ogun State Government, Governor of Ogun State, Ogun State Attorney General and Commissioner for Justice and Ogun State House of Assembly are first, second, third and fourth respondents respectively in the suit.
Earlier, counsel to the claimant, George Oyeniyi, informed the court that his client has two pending applications, one dated the August 5, 2019, and the other dated November 6, 2019.
Oyeniyi told the court that the applications have been served on the defendants counsel but that they have not responded to any of the processes served on them.
The defence could not provide any answer when asked by the court why they have not filed any response nor memo of appearance in the matter.
Omotola, however, informed the court that he has the instruction of the Solicitor General that talks are on-going to settle the matter out of court.
When the court asked the defence whether it was true that appointment were made during the pendency of the suit, the counsel answered in the affirmative and inauguration held on November 4, months after applications were served in August.
Justice Peters thereafter adjourned till February 18, 2020.
Omoyinmi, in a Motion on Notice brought pursuant to Order 22 of the NICN Civil Procedure Rules in Suit no: NICN/AB/09/2019 prayed for two orders:
An order setting aside the appointments, constitution and inauguration of the new members performed by the governor and State House of Assembly, and second and fourth respondents respectively, in Suit no NICN/AB/09/2019, during pendency of the application for Interlocutary Injunction before the court; and
An order of Interlocutory Injunction restraining Ogun State Government and Governor Abiodun appointees inaugurated on November 4 as members of OSJSC from performing the functions and duties of the Commission pending the hearing and determination of the Originating Summons and Motion for Interlocutory Injunction filed August 8.
He is also asking the court for an order directing the defendants to maintain status quo in respect of the Chairman and members of the Ogun State Judicial Service Commission pending the determination of the suit.
In his affidavit in support of the motion, the claimant averred that he was aware that despite service of the Originating Summons and application for Interlocutory injunction, the defendants have not filed any counter-affidavit.
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Omoyinmi averred that he heard through the media on October 31, that despite pendency of the suit, the second defendant announced the appointment of new members for the commission.
He claimed that the second respondent, in spite of service of applications before the court, hurriedly sent names of new appointees to the fourth defendants for screening and confirmation.
He also stated while the Originating Summons was to be heard Tuesday, November 5, the second defendant hurriedly inaugurated the new appointees on Monday, November 4.
He explained that the OSJSC is a statutory commission established by the 1999 Constitution, as amended, and that tenure of members is as fixed by same Constitution.
He stated that he was appointed a member of the Commission through a letter by former Governor Ibikunle Amosun February 2012, for a five-year tenure as stipulated in the Constitution and same renewed by another letter dated January 30, 2018 pursuant to Section 199 (1) (C) of same law and to end January 2023.
He averred in a manner shrouded in secrecy, the defendants claimed to have dissolved all statutory and non statutory boards and commissions.
Omoyinmi further averred that the fourth defendant premised its resolution on the alleged claims members of boards and statutory Commissions had received severance allowances from former government of Ibikunle Amosun without verifying the truthfulness of such position.
He stated that it will constitute great hardship on the claimant if the defendants are not restrained as prayed.
He contended that the interest of justice will be better served if prayers in his applications are granted.
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