Ogun State Governor, AG, Others Dragged to Court, for Appointing New Members to Judicial Service Commission
A former member of the Ogun State Judicial Service Commission (OSJSC), Abayomi Omoyinmi, has dragged the Ogun State Government and the State Attorney-General and Commissioner for Justice to court, over the appointment of new members of the OSJSC recently made by the Governor, Prince Dapo Abiodun.
In the suit filed before the National Industrial Court of Nigeria (NICN), Omoyinmi is challenging the appointment of new members for the Commission, and asked the court to set aside the appointment of new members.
Joined as Respondents in the suit marked as NICN/ AB/09/2019, are Governor Dapo Abiodun and the Ogun State House of Assembly.
Omoyinmi, in a motion on notice brought pursuant to Order 22 of the NICN Civil Procedure Rules, prayed the court for two orders:
He prayed the court for an order setting aside the appointments, constitution and inauguration of the new members performed by the Governor and State House of Assembly, second and fourth Respondents respectively, pending the hearing of the application for Interlocutary Injunction, before the court.
In the alternative, Omoyinmi asked the court for an order of Interlocutory Injunction restraining Ogun State Government and Governor Abiodun’s appointees inaugurated November 4 as members of OSJSC, from performing the functions and duties of the Commission pending the hearing and determination of the Originating Summons and Motion for Interlocutory Injunction filed on August 8.
In his affidavit in support of the motion, the Claimant averred that, he was aware that despite service of the Originating Summons and application for Interlocutory injunction, the Defendants have
not filed any counter- affidavit.
Omoyinmi averred that, he heard through the media on October 31, that despite pendency of the suit, the second Defendant announced the appointment of new members for the Commission.
He claimed that, the 2nd Respondent, in spite of service of applications before the court, hurriedly sent names of new appointees to the fourth Defendants for screening and confirmation.
He also stated that, while the Originating Summons was to be heard Tuesday, November 5, the second Defendant hurriedly inaugurated the new appointees on Monday, November 4.
He explained that the OSJSC is a statutory Commission established by the 1999 Constitution, as amended, and that the tenure of members is fixed by same Constitution.
He stated that, he was appointed a member of the Commission through a letter by former Governor Ibikunle Amosun February 2012 for a five-year tenure as stipulated in the Constitution, and same was renewed by another letter dated January 30, 2018 pursuant to Section 199 (1) (C) of same law, to end January 2023.
He averred that, in a manner shrouded in secrecy, the Defendants claimed to have dissolved all statutory and non-statutory Boards and Commissions.
Omoyinmi further averred that, the 4th Defendant premised its resolution on the alleged claims that, members of Boards and Statutory Commissions had received severance allowances from the former government of Ibikunle Amosun, without verifying the truthfulness of such position.
He stated that, it will constitute great hardship on the Claimant, if the Defendants are not restrained as prayed.