Hon.
Justice Hassan Yakubu of the Ibadan Judicial Division of the National
Industrial Court has granted an order compelling the Governor of Ogun State,
and its Attorney General to pay Mr. Kayode Adeleye, Mr. Olarewaju Kuforiji the
sum of N35, 255,010.09 and N33,356,059.66 respectively and to pay Mr. Oyeniyi
Adekola and 5 Others each the sum of N32,958,281.61 comprising of their Basic
salaries, leave allowances, furniture allowance and severance payment being the
total emoluments for their unexpired term as Chairman and Members of Ogun State
Independent Electoral Commission for the year 2010 to 2015.
The
Court declared that Mr. Kayode Adeleye and 7 others are entitled to their
salaries and emoluments of their unexpired term of offices as Chairman and members
of Ogun State Independent Electoral Commission for the year 2010 to 2015.
From facts, the Claimants- Mr. Kayode Adeleye and 7 others had
submitted that they were appointed as Chairman and members of the Ogun State
Independence Electoral Commission on September 2010 to serve for 5 years. They
averred that they served in various capacities until the commission was
unceremoniously dissolved via a press release on 31 May 2011 before the
expiration of their tenure by the then-new governor.
Mr.
Kayode Adeleye and 7 others maintained further that following the Judgment of
the Court of Appeal that set aside the judgment of the State High Court that
dismissed their case, they wrote a demand letter to the Attorney General of the
State for the payment of their salaries and other emoluments for the unexpired
term of their office but all efforts were to no avail.
The learned counsel to Mr. Kayode Adeleye and 7 others, Afolabi
Fashanu SAN submitted that his clients who served as chairman and members of
the Ogun State Independent Electoral Commission enjoy a fixed term of office as
guaranteed by the constitution and the Ogun State Independent Electoral
Commission Law that non-payment of their entitlement cannot stand and urged the
Court to grant the reliefs sought in the interest of justice.
However,
the defendants- the Governor of Ogun State, and its Attorney General failed to
defend the case despite serving them the court processes and hearing notices.
In a
well-considered judgment, the presiding Judge, Justice Hassan Yakubu held that
in line with the decision of the Court of Appeal delivered on 9th December
2016, the removal of Mr. Kayode Adeleye and 7 others from office as a result of
the dissolution of the commission was wrongful and inconsistent with the
constitution and the laws of Ogun State Independent Electoral Commission.
Justice
Yakubu stated that it is clear from the affidavit evidence before the Court
that Mr. Kayode Adeleye and 7 others are to serve as Chairman and members of
Ogun State Independent Electoral Commission for five years by virtue of their
appointment on 6th May 2010 to expire in 2015.
The
Court stated that Mr. Kayode Adeleye and 7 others have made out a case for the
grant of the reliefs sought, and resolved the issue for determination against
the Governor of Ogun State, and its Attorney General.
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