By Adebisi Onanuga

Claimants in suits challenging alleged wrongful termination of their appointments before the National Industrial Court of Nigeria (NICN), Ibadan have asked the Ogun State Government to respect court orders directing parties to maintain status quo.

In a July 27, 2020 petition, they reminded the Ogun State Attorney-General and Commissioner for Justice that there were subsisting orders “by way of injunction directing parties to maintain status quo pending the determination of the substantive suits.”

The petition titled: “Notification of the subsisting order of court for parties to maintain status quo in respect of the seven hereunder-listed civil actions filed against the Ogun State Government & three others pending before the National Industrial Court NICN) Ibadan,’ was signed by their counsel, George Oyeniyi.

Ogun State Government and its Attorney-General are first  and third respondents in the suits, while Governor Dapo Abiodun and the state’s House of Assembly are second and fourth respondents.

They included suits number: Suit No: NIC/IB/45/2019 between MR. Suraju Olusesi & 2 Ors v. Ogun State Goverbnment & three Others;  Suit No: NIC/IB/46/2019 between Barrister Bayo Adesegub  & 4 Ors.; Suit No: NIC/IB/47/2019 between: Chief Oluwole Adesiji & 2 Ors. V. Ogun State Government & three Others; Suit No: NIC/IB/48/2019 between Chief Mrs. Olabosipo Ogunsan & 2 Ors. V. Ogun State Government & three Others; Suit No: NIC/IB/56/2019 between Chief Lekan Akiode V. Ogun State Government & three Others;  SUIT NO: NIC/IB/57/2019 between TPL. -Funmilayo Kuti V. Ogun State Government & three Others and Suit No: NIC/AB/09/2019 between: Barr. Abayomi Omoyinmi V. Ogun State Government & three Others.

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Their counsel, Oyeniyi, in the petition reminded the Attorney-General that “there are subsisting orders of court by way of Injunction by Justice Dele Peters, directing parties to maintain status quo pending the determination of the substantive suits made in the presence of all the counsel representing the state government in relation to the abrupt termination of appointments of the various chairmen and members of the statutory commissions and boards appointed by the former Governor of Ogun State by the present administration of Prince Dapo Abiodun.

“Accordingly, we hereby re-instate the settled principle of law that where proceedings are pending before a court wherein injunctive reliefs are sought, the party against whom those injunctive reliefs are sought is under obligation to refrain from doing that which is sought to be restrained, even where no temporary order of in junction may have been granted (ABBI. V. PRINCEWILL & ORS. (2011) LPELR 3952(CA)”, he stated.

Oyeniyi argued that no one is allowed to interfere with the judicial process or take steps during the pendency of a suit that will tend to whittle down or impinge on the powers of the court before which the proceedings subsist, or which will in anyway frustrate its course.

He said the court frowns at attempts by a party to the proceedings before it to overreach his adversary and create an impression that the court has been compromised.

He recalled that the state government, in the course of further proceedings, informed the court of their willingness and intention to have the matters settled out of court.

The lawyer said the processes of the said settlement had not been concretised and or finalised before the sudden actions of the state government announcing the appointments of new persons to fill the offices of the aggrieved parties in the instituted civil actions against Ogun State Government & three Others at the National Industrial Court, Ibadan.

According to him, the government’s action contravened the rule of law.