Adebisi Onanuga
THE Ogun State government has asked the National Industrial Court of Nigeria (NICN), Ibadan for more time to resolve its employment dispute with a former Commissioner of the state’s Judicial Service Commission, Abayomi Omoyinmi.
At the last hearing of the matter last February 18, the state’s counsel, Mr I. Awofeso, told Justice Dele Peters that government had yet to settle with Omoyinmi.
Awofeso said settlement moves were initiated by the defendants and that talks between the parties were on-going.
The Ogun State government, Governor Dapo Abiodun, Attorney General and Commissioner for Justice and the state’s House of Assembly, are first to fourth respondents in the suit marked NICN/AB/09/2019.
During the proceedings, Mrs M. Oliyide, leading O.A. Shodipo, for the government and other respondents, told the court that they were still holding discussions with the claimant on the termination dispute.
The proceedings also covered other cases involving members of House of Assembly Commission, Civil Service Commission, Teaching service commission, Local government service commis–sion and State Universal Basic Education Board (SUBEB).
When the judge enquired whether terms of settlement were ready on all the matters involving the state government, including the one instituted by Omoyinmi challenging the termination of his appointment, Oliyide said talks were ongoing and that the defendants needed more time.
She promised that by the next adjournment, all matters would have been resolved.
The trial judge expressed belief that the defence would keep to its promise on terms of settlement.
“Mrs Oliyide is known to keep to her promise as exhibited in other matters she has appeared in the court”, Justice Peters said.
He granted the defence’s request and adjourned till May 5, for final report of settlement in all pending matters.
Omoyinmi, in a Motion on Notice brought pursuant to Order 22 of the NICN Civil Procedure Rules in Suit no: NICN/AB/09/2019 had prayed the court 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;
He is also asking the court for 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.
Read Also: COVID-19: Police disperses worshippers in Ogun
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.
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.
Leave a Reply