Justice Hassan Yakubu of the National Industrial Court in Ibadan has ordered the Ogun State Government to pay the total sum of N224,569,632.97 to Mr. Kayode Adeleye and seven others who were unlawfully removed from office as Chairman and members of the Ogun State Independent Electoral Commission (OGSIEC) in 2011.
Mr. Adeleye is to receive N35,255,010.09, Mr. Olarewaju Kuforiji N33,356,059.66, while Mr. Oyeniyi Adekola and five others will each get N32,958,281.61 in unpaid salaries, allowances and severance benefits for their unexpired tenure from 2010 to 2015.
The Court declared that the claimants were entitled to the emoluments of their full five-year term which they were prevented from serving after being abruptly dissolved barely eight months into their appointment on May 31, 2011 by the then newly elected governor through a press statement.
Background
Mr. Kayode Adeleye and seven others were appointed as Chairman and members of the Ogun State Independent Electoral Commission (OGSIEC) on September 6, 2010 to serve for a five-year tenure pursuant to the provisions of the law setting up the commission.
They assumed office and commenced their statutory duties of conducting elections into local government councils and related matters in Ogun State. However, their tenure was abruptly cut short on May 31, 2011 when the new governor who assumed office shortly before then dissolved the commission via a press release.
Aggrieved by this unconstitutional and unlawful termination of their tenures, Mr. Adeleye and his co-claimants approached the State High Court to challenge their removal from office. The High Court, however, dismissed their case.
Undeterred, they appealed the judgment at the Court of Appeal which on December 9, 2016, upturned the High Court decision and ruled that their removal was illegal and violated the constitution as well as the law establishing OGSIEC which guarantees their tenures.
Despite the appellate court’s declaratory judgment in their favor, all efforts by Mr. Adeleye and the other claimants to make the State Government comply with the judgment and pay their outstanding salaries and entitlements proved abortive.
Court’s Decisions
Justice Hassan Yakubu, upheld the case of the claimants and granted the reliefs sought against the Ogun State Government and its Attorney General who were the defendants.
The court ruled that in line with the December 9, 2016 decision of the Court of Appeal, the removal of Mr. Kayode Adeleye and the seven other claimants from office as Chairman and members of the Ogun State Independent Electoral Commission (OGSIEC) was wrongful, unconstitutional and inconsistent with the provisions of the law setting up the commission.
Justice Yakubu held that the claimants were statutorily appointed on September 6, 2010 to serve a fixed tenure of five years which ought to have expired in 2015. However, they were unlawfully dissolved on May 31, 2011, barely eight months into their tenure.
The court noted that the defendants failed to defend the suit or rebut the claimants’ case despite being duly served with all the court processes and hearing notices at every stage.
Justice Yakubu granted all the reliefs sought by the claimants. He made a declaration that Mr. Kayode Adeleye and the 7 other claimants are entitled to their full salaries and emoluments for their unexpired tenure as Chairman and members of OGSIEC from 2010 to 2015.
He also issued an order compelling the Ogun State Government to pay Mr. Adeleye the sum of N35,255,010.09 being his outstanding salaries, allowances and severance benefits for the period.
Furthermore, an order was made for Mr. Olarewaju Kuforiji to be paid N33,356,059.66 being his entitlements. The court additionally ordered the payment of N32,958,281.61 each to Mr. Oyeniyi Adekola and the 5 other claimants, comprising the full emoluments due to them.
