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 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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