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Akinwande Soji-Ojo
The National Industrial Court of Nigeria (NICN) sitting in Ibadan, the Oyo State capital, has restrained the Osun State Governor, Ademola Adeleke, from removing the state’s Chief Judge, Adepele Ojo, and Secretary of the Judicial Service Commission ,Michael Obidiya.
The court gave the orders following two separate suits filed by Ojo and Obidiya through their counsel, Oladipo Olasope.
The defendants in the suit are Adeleke, Osun State Attorney General, Osun State Judicial Service Commission and the Accountant General.
The claimant in a motion ex-parte dated November 15, 2023, prayed the court for an order of interim injunction, restraining the defendants from removing, reversing, or terminating her appointment and conditions of service as the Chief Judge of Osun State, “including but not limited to salaries and other pecuniary benefits, pending the determination of the interlocutory application.”
Ojo also sought an order mandating the 4th defendant to continue to pay her salary, entitlements, emoluments, remuneration and other benefits as the Chief Judge of Osun State, pending the determination of the interlocutory application.
Ruling on the application, Justice J. D. Peters, retrained th defendants from terminating the appointment of Ojo.
“An order of interim injunction is issued restraining the Defendants by themselves or their agents or privies howsoever so-called from interfering with removing, reversing or terminating the appointment and conditions of service of the Applicant as the Hon. Chief Judge of Osun State including but not limited to salaries and other pecuniary benefits pending the determination of the interlocutory application.
“An order is here issued mandatory for the 4th Defendant to continue to pay the salary, entitlements, emoluments and other benefits and money the Applicant is entitled to the Hon. Chief Judge of Osun State pending the determination of the interlocutory application,” the judge rules.
The court adjourned hearing of the pending motion on notice till December 12, 2023.
Similarly, ruling on an ex-parte motion with brought by Obidiya against Adeleke, Attorney General, State Judicial Service Commission and the Accountant General, Justice Peters granted the reliefs sought by the claimant.
The court subsequently issued an interim order restraining the defendants from removing, reversing or terminating the appointment and conditions of service of the applicant as the Secretary of the Osun State Judicial Service Commission including but not limited to salaries and other pecuniary benefits pending the determination of the interlocutory application.
“An order of interim injunction is here issued restraining the Defendants from appointing Mrs. Abosede Fagbola to the position of secretary of the Judicial Service Commission and or giving effect to the circular issued by the Defendants dated 7th November 2023 transfering the said Mrs Abosede Fagbola to the Judicial Service.
“The 4th Defendant, Accountant General of Osun State, is here ordered and directed to continue to pay the salary, entitlements, emoluments, remuneration and other benefits,” the court rules.
Hearing of the motion on notice was adjourned till December 12, 2023.
