The National Industrial
Court of Nigeria (NICN) has been asked to set aside Governor Dapo Abiodun’s
appointment of new members of the Ogun State Judicial Service Commission
(OSJSC).
The application, DAILY POST learnt, was made by a former member of
the commission, Abayomi Omoyinmi.
The claimant, it was gathered, was appointed a member of the
Commission through a letter by former Governor Ibikunle Amosun on February
2012, for a five-year tenure “as stipulated in the Constitution” and same was
renewed by another letter dated January 30, 2018 pursuant to Section 199 (1)
(C) of same law and to end January 2023.
However, the commission was reportedly dissolved by Gov Abiodun
after his inauguration.
Consequently, 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
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” 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”.
The Ogun State Government and Ogun State Attorney General and
Commissioner for Justice are first and third respondents respectively.
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.
According to Omoyinmi, he heard through the media on October 31,
that despite pendency of the suit, the second defendant, Gov Dapo Abiodun,
announced the appointment of new members for the Commission.
He alleged 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 said “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 claimed that “in a manner shrouded in secrecy, the defendants
claimed to have dissolved all statutory and non statutory boards and
commissions.”
Omoyinmi further stated that the fourth defendant premised its
resolution on the alleged claims that members of boards and statutory
Commissions had received severance allowances from former government of
Ibikunle Amosun without verifying the truthfulness of such position.
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