Hon. Justice Hassan Yakubu of the Ibadan Judicial Division of the National Industrial Court has granted an order compelling the Governor of Ogun State, and its Attorney General to pay Mr. Kayode Adeleye, Mr. Olarewaju Kuforiji the sum of N35, 255,010.09 and N33,356,059.66 respectively and to pay Mr. Oyeniyi Adekola and 5 Others each the sum of N32,958,281.61 comprising of their Basic salaries, leave allowances, furniture allowance and severance payment being the total emoluments for their unexpired term as Chairman and Members of Ogun State Independent Electoral Commission for the year 2010 to 2015.
The Court declared that Mr. Kayode Adeleye and 7 others are entitled to their salaries and emoluments of their unexpired term of offices as Chairman and members of Ogun State Independent Electoral Commission for the year 2010 to 2015.
From facts, the Claimants- Mr. Kayode Adeleye and 7 others had submitted that they were appointed as Chairman and members of the Ogun State Independence Electoral Commission on September 2010 to serve for 5 years. They averred that they served in various capacities until the commission was unceremoniously dissolved via a press release on 31 May 2011 before the expiration of their tenure by the then-new governor.
Mr. Kayode Adeleye and 7 others maintained further that following the Judgment of the Court of Appeal that set aside the judgment of the State High Court that dismissed their case, they wrote a demand letter to the Attorney General of the State for the payment of their salaries and other emoluments for the unexpired term of their office but all efforts were to no avail.
The learned counsel to Mr. Kayode Adeleye and 7 others, Afolabi Fashanu SAN submitted that his clients who served as chairman and members of the Ogun State Independent Electoral Commission enjoy a fixed term of office as guaranteed by the constitution and the Ogun State Independent Electoral Commission Law that non-payment of their entitlement cannot stand and urged the Court to grant the reliefs sought in the interest of justice.
However, the defendants- the Governor of Ogun State, and its Attorney General failed to defend the case despite serving them the court processes and hearing notices.
In a well-considered judgment, the presiding Judge, Justice Hassan Yakubu held that in line with the decision of the Court of Appeal delivered on 9th December 2016, the removal of Mr. Kayode Adeleye and 7 others from office as a result of the dissolution of the commission was wrongful and inconsistent with the constitution and the laws of Ogun State Independent Electoral Commission.
Justice Yakubu stated that it is clear from the affidavit evidence before the Court that Mr. Kayode Adeleye and 7 others are to serve as Chairman and members of Ogun State Independent Electoral Commission for five years by virtue of their appointment on 6th May 2010 to expire in 2015.
The Court stated that Mr. Kayode Adeleye and 7 others have made out a case for the grant of the reliefs sought, and resolved the issue for determination against the Governor of Ogun State, and its Attorney General.
