Governor Ayodele Fayose
The National Industrial Court of Nigeria (NICN) has ordered the
Ekiti State 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.
It would be recalled that upon assumption in office in October
2014, 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)
while 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
and reinstate them into the Commissions.
The Claimants anchored their prayers on grounds that the tenure of their appointment is statutory.
The Court however gave the verdict while delivering judgment in
separate suits filed by the sacked members of the commissions against
the Governor of Ekiti State and the Attorney General of Ekiti State.
Delivering a judgment on Monday, Justice Oyeyibola Oyewumi, ordered
Fayose to pay the plaintiffs a total sum of N234, 010, 982.24 for
terminating their appointments on October 20, 2014.
Justice Oyewumi held: “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 Judge, however, refused the Claimants’ prayers for perpetual
injunction restraining the Governor or his agents from forcefully
withdrawing the monetized vehicles from them.
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.
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