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Akure –The Presiding Judge of NICN Akure Judicial Division, His Lordship, Hon. Justice O. O. Oyewumi on Monday 15th October 2018 in a landmark judgment held among other that the purported dissolution of the offices of the HON. ALANI OMISORE and 3 others (claimants) as Chairman, Secretary and Members of Ife Central Local Government Education Authority (Board) by the Chief of staff to the GOVERNOR, OSUN STATE (2nd defendant) on the 20th of June, 2011 and or by circular dated 20th June, 2011 is unlawful, null and void. The Court ordered defendants within 30 days to pay to the claimants entitled salaries for the period of November, 2010 till October 2011.
The claimants sought against the defendants among others; A Declaration that the purported dissolution of Ife Central Local Government Education Authority (Board) by the Chief of Staff to the defendant sometime on the 22nd day of June, 2011 is wrongful and not in accordance with the provisions of the enabling law (the universal Basic Education Authority Law, 2005) of Osun State and as such illegal, null, void and of no effect whatsoever. An Order directing the defendants to effect immediate payment of the salaries of the claimants from November 2010 to June 2011. An Order directing the payment of monthly salaries to the 1st, 3rd and 4th claimants by the defendants from July, 2011 up till 9th day of November, 2011 when their tenure of office lawfully expired by effluxion of time at the monthly salary of N285,000.00 for the 1st claimant and N206,250.00 to each of the 3rd and 4th claimants.
In summary, the claimants were appointed, issued appointment letters and sworn in by the 2nd defendant in 2008 as the Chairman, Secretary and members of Ife central Local Government Education Authority, the 2nd claimant was also sworn in on same day and they all resumed office at the 6th defendant's office immediately. The 1st claimant’s monthly salary was paid to them from 2008 till October 2010, when their salaries were stopped.
That sometimes on the 23rd of June, 2011, it was announced over Osun State Broadcasting Corporation (OSBC) radio that the Chief of Staff to the 2nd defendant issued out a letter dissolving all Boards and parastatals in Osun State.
That in compliance with the directive, they handed over to the most Senior Officer of the 6th defendant. They were not accused of fraud or any act of misconduct by any of the defendants.
To the claimants by the law that established Local Government Education Authorities in Osun State, LGEA Boards can only be dissolved by the Governor of Osun State for reasons contained in the said law and not by a mere announcement on a radio by a Chief of Staff, otherwise each of them will hold office for the period stipulated in the said Law, hence they filed this suit to ventilate their grievances.
Learned counsel submitted that the purported removal of the claimants from their respective offices through a letter purportedly issued by the Chief of staff to Osun State Governor on 22nd of June, 2011 (or thereabout) without any reason known to law is improper, illegal, unlawful, ineffectual and void same not being in line with the clear provisions of S. 8 (i), (iii) and (iv) of the Osun State Universal Basic Education Law, 2005.
The defendants/respondents’ case vide their Counter Affidavit is that the 2nd defendant dissolved all Boards and parastatals in Osun State on 20th June, 2011 by a circular letter dated same day and titled Dissolution of Boards of Non Statutory Commissions parastatals, Corporations and Governing Councils of Tertiary Institutions including the Board of the claimants who have vacated their offices seven months before the said dissolution.
They continued that the 2nd defendant on behalf of the 1st defendant had paid all Board members including the claimants their 2010 leave allowance and November, 2010 salary.
To the defendants, the appointments of the claimants were purely political in nature and not in compliance with any law. Defendants therefore urged the Court to dismiss this suit in the interest of justice as the claimants are not entitled to the reliefs sought.
The defendants also caused a written address to be filed in support of the Counter Affidavit and three issues were raised for determination, which include:
- Whether by the conduct of the claimants and by the express provision of Section 8 (iii)(b) of the Osun State Universal Basic Education Law, 2005, the claimants are entitled to the reliefs sought.
- Whether by the nature of the claimants' appointment, the said appointment has statutory flavour.
- Whether the suit of the claimants is not statute barred having regard to the provision of Section 2(a) of the Public Officer Protection Law of Osun State which is imparimateria with the provision of Section 2(a) Public Officer Protection Act LFN 2004.
Counsel therefore submitted that this suit which was instituted against the defendants who are Public Officers are instituted outside the stipulated three months and urged the Court to dismiss this suit for being statute barred and that the Court lacks jurisdiction to entertain same.
After reviewing the argument of both parties, the Court Presided by Hon. Justice O. O. Oyewumi held that claimants’ appointments are statutorily flavoured and not at the pleasure of the Governor.
“Now, if truly the claimants abdicated their duty as alleged by the defendants, the defendants failed or refused to show the Court how they were paid their November salaries. The defendants on whose shoulders rest the obligation to exhibit any document in prove of this assertion failed to do so as reasoned supra. This goes to show that the claimants not only were their appointment unlawfully dissolved, they were not paid their salaries as well which I find to be equally unlawful.
“It is apparent from the above captured Section of the law, that the grounds for removal of the claimants by the defendants are that they must have exhausted their three or four years tenure in office; their inability to discharge the functions of his office (whether arising from infirmity of mind or body) or for any fraudulent act or misconduct; or upon resignation.
“The import of what the defendants have done is that they have breached the provision of the law and thus have acted ultra vires the law. “ His Lordship stated.
The court also held among other that the purported dissolution of the offices of the claimants as Chairman, Secretary and Members of Ife Central Local Government Education Authority (Board) by the Chief of staff to the 2nd defendant on the 20th of June, 2011 and or by circular dated 20th June, 2011 is unlawful, null and void.
That the claimants are entitled to their salaries for the period of November, 2010 till October, 2011 (for the 1st, 3rd and 4th claimants) in the sum of N3,420,000 (1st claimant), N 2,475,000 (for the 3rd and 4th claimants) and October, 2012 for the 2nd claimant in the sum of N5,040,000 and All the sums awarded are to be paid by the defendants within 30 days of this judgment failing which it is to attract an interest of 10% per annum.
