Governor Dapo Abiodun of Ogun is reportedly appealing to a former member of the Ogun State Judicial Service Commission, Abayomi Omoyinmi, to accept out of court settlement in a suit filed against him.
Recall that on November 26 that Omoyinmi had dragged Gov Abiodun and the Ogun State Government before the National Industrial Court to protest his ‘wrongful termination’ as a member of the State Judicial Service Commission.
Omoyinmi, it was gathered, was appointed a member of the Commission through a letter by former Governor Ibikunle Amosun on 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 the same law and to end in January 2023.
However, the commission was dissolved by Gov Abiodun, who appointed new members, after his inauguration.
Consequently, Omoyinmi, in a Motion on Notice brought pursuant to Order 22 of the NICN Civil Procedure Rules in Suit no: NICN/AB/09/2019 prayed the court for two orders:
“An order setting aside the appointments, constitution and the inauguration of the new members performed by the governor and State House of Assembly, and second and fourth respondents respectively, in Suit no NICN/AB/09/2019, during pendency of the application for Interlocutory Injunction before the court” and
“An order of Interlocutory Injunction restraining Ogun State Government and Governor Abiodun appointees inaugurated on 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”.
Omoyinmi’s suit at the National Industrial Court of Nigeria (NICN) is contesting the dissolution of the commission and termination of his appointment contrary to the 1999 Constitution.
But counsel to the state government, S.A. Omotola, disclosed Monday at the resumed proceedings of trial in the suit before Justice Dele Peters of the National Industrial Court of Nigeria (NICN), Ibadan, the defendants are seeking to settle out of court with Omoyinmi.
The Ogun State Government, Ogun State Attorney General and Commissioner for Justice and Ogun State House of Assembly are first, second, third and fourth respondents respectively in the suit.
Earlier, counsel to the claimant, George Oyeniyi, informed the court that his client has two pending applications, one dated August 5, 2019, and the other dated November 6, 2019.