Kemisola Oye
JUSTICE O. A. Ogunbowale of a National Industrial Court of Nigeria sitting in Lagos has issued a restraining order stopping the Governor of Osun State, Ademola Adeleke and 14 others from taking any action on the appointment of Rector for Osun State Polytechnic, Iree.
The judge made the order today following an ex perte motion filed before the court by the purported suspended Rector of Osun State Polytechnic, Dr Tajudeen Odetayo over alleged illegal suspension as the Rector of Osun State Polytechnic, Iree (OSPOLY), Osun State.
Justice Ogunbowale, who is sitting as vacation judge in Lagos Division, ordered that Governor Adeleke and 14 other Respondents stay further action on the issue pending hearing of the motion on notice.
The court also ordered that hearing notice be issued to all Respondents before the next adjourned date.
The court order was sequel to a motion ex perte moved by the Claimant/Applicant counsel, Mr. Rasheed Adeniyi Oluwofobi who urged the court to grant the applications in the interest of justice and public interest.
His motion ex perte was brought pursuant to Section 256C (a), (d) and Section 36 of the 1999 Constitution of the Federal Republic of Nigeria (as amended), Order 17 Rule 1 & 2 of the National Industrial Court (Civil Procedure Rule 2017 and under the inherent jurisdiction of the court.
Odetayo prayed the court for an order of interim injunction restraining the Defendants/Respondents, their servants, privies, employees or howsoever described from giving effects to the letter of suspension dated 11th July 2023 and letter of query dated 1st August 2023 given to the Claimant/Applicant herein or in any way interfering with the Claimant/Applicant’s position as the Rector of Osun State Polytechnic, pending the hearing and determination of motion on notice for interlocutory injunction before the court.
While arguing the application dated 21st August 2023 and filed the same day, he submitted that the Claimant deposed to an affidavit that common law and equity had not been followed in the purported suspension planned in collaboration and conspiracy of the 1, 2 to 15 Respondents.
Aside from Adeleke, other Respondents in the suit marked NICN/OS/37/2023, include the Attorney-General and Commissioner for Justice, Osun State; Ministry of Education; Osun State Polytechnic, Iree; the Governing Council, OSPOLY. The Chief of Staff to Osun State Governor, Alhaji Kazeem Akinleye; Mr Alabi Kehinde Adeyemi; Mr M. A. K. Jimoh; Permanent Secretary, Osun State Ministry of Education and Chairman, Investigative Panel of Enquiry into Allegation of Corrupt Practices against the Rector, OSPOLY, Odetayo.
Others are A. A. Bello; Dr. F. M. Olaoye; Mrs. O. Abioye, Acting Bursar of OSPOLY and member of Investigative Panel, S. A. Afolabi; Acting Registrar, OSPOLY and Secretary of the panel, Abiodun Oloyede and Mrs T. A. Samuel as first to the 15 Respondents respectively.
However, Olufowobi said, “My lord, NICN Rule 2017 stated that common law and equity must be observed. The fact that the claimant was issued a purported suspension letter dated 11 July 2023 and on 1 August 2023 issued a query, almost a month interval. Suspension before query to the applicants my lord.”
When the court asked why it should grant the application during vacation and the urgency in the case, he responded that,” 7, 8 the Acting Rector and 15 Respondents are not in any way qualified to act as Rector of the institution. Our concern is that if someone, who does not have the capacity to act, is allowed to remain in the office, that will be injurious to the interest of justice and public interest.
“The reason upon which we premise our submission is that the person will be issuing contracts that will be bound on the institution, likewise engaging in other activities which may later result in various suits before the court. We urged the court to order to maintain a status quo pending hearing and determination of our motion on notice.”
However, Justice Ogunbowale, in her ruling, held that it is in evidence that the Respondents have been served with the motion on notice, as the proof of service was filed by a court bailiff, Hamed Saheed.
“The hearing notice is hereby ordered to be served on all Respondents in the suit, an order of interim injunction restraining the Defendants/Respondents from taking any further action on the matter or anything relating thereto until the determination of the motion On notice is hereby granted.”
The judge subsequently adjourned the case to 10 October 2023 for hearing.
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