The National Industrial Court of
Nigeria (NICN) has ordered Governor Ayo Fayose to pay over N234 million to
chairmen and members of statutory commissions appointed and sworn into office
by former Governor, Kayode Fayemi.
Governor Fayose sacked members of
the State Independent National Electoral Commission (SIEC), Civil Service
Commission (CSC), House of Assembly Service Commission (HASC) and Local
Government Service Commission (LGSC) on assumption of office in October 2014
when their tenures were still subsisting.
The affected officials through
their lawyers, led by Lagos lawyer, Femi Falana (SAN) approached the court to
reverse their unlawful sack on grounds that the tenure of their appointment is
statutory.
Justice Oyeyibola Oyewumi in his
ruling ordered Fayose to pay the plaintiffs a total sum of N234, 010, 982.24
for terminating their appointments on October 20, 2014.
“It is trite that where an
appointment of an employee is terminated outside the specified terms of
agreement or specified terms of agreement or specified period, such a
termination will be seen wrongful or unlawful as the case may be.
“It is upon this basis that I
find that dissolution of these Commissions and removal of their chairmen and
members by the first defendant (Fayose), is an act of executive recklessness,
executive rascality, a grave disregard to the Governor’s Oath of Office which
he sworn to uphold, defend and protect the Constitution of the Federal Republic
of Nigeria.
“The action of the first
defendant in this case leaves a sour taste in the mouth. A grotesque galore,
which, cannot, and should not, be allowed to stand in the way of justice.
“It is noteworthy that it has
become fashionable for Governors today, that they take over the affairs of a
state, the first cause of action is for them to dissolve government boards both
statutory and otherwise for them to fix into such positions their political
gladiators;
“Thereby
disregarding/discountenancing the constitutional procedure for doing so. This
to say the least is most unpatriotic and should not go unsanctioned.
“It is therefore, declared that
mere announcement of the dissolution of the offices of the claimants on the
electronic media is a breach of Constitutional trust, it is therefore declared
null, void and of no effect. I so find and hold.”
The plaintiffs are: Mrs Cecilia
Adelusi, Chief Gbenga Agbona, Chief O.K. Aina, Mr. Dele Oloje of SIEC; Chief
Ranti Adebisi, Chief Reuben Akomolafe, Princess Omotunde Adelabu, Mr. Kola
Fakiyesi, Mrs. Dupe Bakare and Mr. Olorunfemi Babalola of LGSC.
Others are:Alhaji Aflabi
Ogunlayi, Elder Segun Bankole, Mrs. Kemisola Olaleye, Elder Yemi Alade and
Chief Sesan Fatoba of CSC; Chief George Ojo, Chief Esan Abejide, Mr. Foluso
Ibirinde, Mr. Bayo Akinola and Mr. Kupolati Olaiyan of HASC.
Justice Oyeyibola, however,
denied the Claimants’ prayers for injunction restraining the Governor or his
agents from withdrawing the monetized vehicles from them.
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