20 February 2013

Nigeria: Court Orders Fayemi to Pay Sacked Commission Members

Ado-Ekiti — An Ado-Ekiti High Court judge yesterday ordered Governor Kayode Fayemi to pay sacked chairman of the state Civil Service Commission, Chief Kunle Ogunlade, and other members of the commission all their entitlements and allowances.

Justice C.I. Akintayo, while giving the judgment yesterday on the suit filed by Ogunlade and four other members of the commission, who were appointed by the Segun Oni-led government, said the sacked officials enjoy "statutory favour." The judge also said the governor and the Attorney General had no powers to remove the chairman and members of the civil service commission. The defendants had instituted the suit to challenge their sack by Governor Fayemi.

In his ruling, Justice Akintayo held that; "The chairman and members of the civil service commission enjoy statutory favour, such that they cannot be removed nor their tenure terminated.

Part of the ruling read: "That the governor and the Attorney General are bound by the provisions of the constitution. That the purported dissolution by radio announcement is contrary to sections 199 and 201 of the constitution and is therefore illegal, ultra vires, null and void. That the purported radio announcement is unlawful, ultra vires, null and void and of no effect."

Justice Akintayo consequently upheld the alternative claims and ordered that the chairman and members of the civil service commission should be paid fully all their entitlements and allowances up to their end of their tenure.

It would be recalled that recently, the sack of local government chairmen in the state was declared illegal by an Ado-Ekiti High Court, with the court ordering payment of their salaries and entitlements.

But the Chief Press Secretary to the Governor, Mr. Yinka Oyebode, has said that the government would appeal the judgment.

Copyright © 2013 Daily Trust. All rights reserved. Distributed by AllAfrica Global Media (allAfrica.com). To contact the copyright holder directly for corrections — or for permission to republish or make other authorized use of this material, click here.

AllAfrica publishes around 2,000 reports a day from more than 130 news organizations and over 200 other institutions and individuals, representing a diversity of positions on every topic. We publish news and views ranging from vigorous opponents of governments to government publications and spokespersons. Publishers named above each report are responsible for their own content, which AllAfrica does not have the legal right to edit or correct.

Articles and commentaries that identify allAfrica.com as the publisher are produced or commissioned by AllAfrica. To address comments or complaints, please Contact us.