Unjust Sack: Court Orders Fayose to Pay N234m …Says Action is Executive Rascality

Ladipo Sanusi/

Ekiti State governor, Mr Ayodele Fayose, has been ordered to pay over N234million to 21 employees of four commissions that he unjustly sacked.

The matter was decided in Akure, at the Ondo State Division of National Industrial Court of Nigeria (NICN), at the weekend.

Justice Oyeyibola Oyewumi ordered Fayose to pay a total sum of N234, 010, 982.24 million to the employees who he illegally terminated their appointments on October 20, 2014.

I find that the dissolution of these commissions and removal of their chairmen and members… 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 Court gave the verdict while delivering judgement in separate suits filed by the sacked members of the commissions against the Governor of Ekiti State and the Attorney-General of Ekiti State.

The aggrieved members of the Commissions are: Mrs. C.  B. Adelusi: Chief Gbenga Agbonna: Chief O. K. Aina, and Barrister Dele Oloje, who are of Ekiti State Independent Electoral Commission.

Chief Ranti Adebisi, Chief Reuben Akomolafe, Chief Jacob O. Adewunmi, Princess Omotunde Adelabu, Hon. Kola Fakiyesi, Mrs. Dupe Bakare, and Mr. Olorunfemi Babalola of Ekiti State Local Government Service Commission.

Alhaji Sulaiman Afolabi O, Elder S. O. Bankole, Chief Kemi Olaleye, Elder Yemi Alade, and Chief Sesan Fatoba, of Ekiti State Civil Service Commission.

Chief George Femi Ojo, Chief Esan Abejide, Hon. Foluso Ibirinde, Hon. Bayo Akinnola, and Hon. Kupolati Olaiyan, of Ekiti State House of Assembly Service Commission.

The affected members through their lawyers, led by Femi Falana SAN, approached the court to reverse their unlawful sack, and reinstate them into the Commissions.

The claimants anchored their prayers on the ground that the tenure of their appointment is statutory.

The defendants, that is, the governor of Ekiti State contended that the claimants’ sack was in order.

Delivering judgement after listening to both parties in the suit, Justice Oyewunmi, described the action of the governor as amounting to Executive recklessness.

The trial judge held that: “It is trite that where an appointment of an employee is terminated outside the 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 the dissolution of these commissions and removal of their chairmen and members by the first defendant (Governor 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 as 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 position 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.”

Justice Oyewumi therefore ordered Governor Fayose to pay a total sum of N234, 010, 982. 24 million to members of the commissions unjustly sacked on resumption of office.

The Judge, however, refused the claimants’ prayers for perpetual injunction restraining the Governor or his agents from forcefully withdrawing the monetized vehicles from them.

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