The National Industrial Court of Nigeria (NICN), Ibadan Judicial Division, had earlier today, granted an order restraining the Osun State government from removing or replacing Justice Oyebola Ojo, pending the determination of a case before the court.
However, the Governor-Adeleke led administration announced the removal of Justice Ojo and her immediate replacement with Justice David Olayinka Afolabi as the Acting Chief Judge.
Spokesperson to the governor, Olawale Rasheed, stated in a statement that the appointment of Justice Afolabi in acting capacity was sequel to the approval of the state House of Assembly.
Justice Dele Peters, the Presiding Judge of the National Industrial Court of Nigeria, Ibadan, had ordered that the Osun State government should not remove Justice Ojo, as the state Chief Judge, pending the determination of an interlocutory application by the affected judicial officer.
Justice Oyebola Ojo had filed a Motion Ex-Parte, dated 15 November, 2023, against Osun State governor, the state Attorney General, the state Judicial Service Commission and the state Accountant General.
She prayed for an interim injunction restraining the defendants, by themselves or their agents or privies from interfering with, removing, reversing or terminating her appointment and conditions of service as the Chief Judge of Osun State.
She also prayed for an order restraining the defendants from interfering with but not limited to her salaries and other pecuniary benefits, pending the determination of the interlocutory application.
Justice Ojo also sought for an order mandating the 4th defendant to continue to pay her salary, entitlements, emoluments, remuneration and other benefits and moneys she is entitled to as the Chief Judge, pending the determination of the interlocutory application.
She also sought for “such further or other order(s) as this Honourable Court may deem fit to make in the circumstances.”
The case came up for hearing before his Justice Dele Peters today and the court read the affidavit in support of the Motion Ex-Parte deposed to by Femi Odegbekun, the Clerk of Oladipo Olasope and Co, Old Bodija Estate, Ibadan, Oyo State.
After hearing Oladipo Olasope SAN for the claimant/applicant, the presiding judge issued an interim injunction granting the prayers of the now sacked Osun State Chief Judge.
Justice Peters issued an order restraining the defendants by themselves or their agents or privies from interfering with, removing, reversing or terminating the appointment and conditions of service of Justice Ojo as the Chief Judge of Osun State.
He said the order included but was not limited to salaries and other pecuniary benefits of Justice Ojo, pending the determination of the interlocutory application.
“An order is here issued mandating the 4th defendant to continue to pay the salary, entitlements, emoluments and other benefits and moneys the Applicant is entitled to as the Hon. Chief Judge of Osun State, pending the determination of the interlocutory application.
“Taking cognisance of the gender of the applicant as a wife, a mother and a grandmother, the 1st defendant as the Chief Security Officer of Osun State with keys to all security apparatus is ordered and directed to ensure adequate protection to the applicant from all forms of harassment and from all quarters pending the hearing and determination of the originating summons.
“Finally, it is directed that the 2nd defendant as the Chief Law Officer of Osun State will appropriately advice the defendants in general and the 1” defendant in particular on the imperative of complying fully with the orders of this Court.
“This order together with all other processes in this case shall be served on the defendants immediately,” the court had stated in the order.
Justice Peters had adjourned the case to 12 December, 2023 to hear the pending Motion on Notice, declaring that the Hearing Notice should be issued and be served on the defendants with proof of same in the file.
Secretary of the state Judicial Service Commission, Mr Michael Oladepo Obidiya, had similarly filed a Motion Ex-Parte, dated 13 November, 2023 before the NICN, Ibadan Judicial Division.
He filed the Motion Ex-Parte against four defendants in his case namely, the Governor of Osun State, the Attorney General, the state Judicial Service Commission and the state Accountant General.
Obidiya sought for an order of interim injunction restraining the defendants by themselves or their agents or privies, from interfering with, removing, reversing or his terminating the appointment and conditions of service as the secretary of the Osun State Judicial Service Commission.
The order also included but was not limited to his salaries and other pecuniary benefits, pending the determination of the interlocutory application;
An order of interim injunction restraining the defendants from appointing Mrs. Abosede Fagbola to the position of secretary of the JSC and or giving any effect to the circular issued by the defendants, dated 7 November, 2023 transferring the said Mrs. Abosede Fagbola to the JSC;
An mandating the 4th defendant to continue to pay the salary, entitlements, emoluments, remuneration and other benefits and moneys he is entitled to as the secretary of the Osun State JSC, pending the determination of the interlocutory application.
He also sought for “such further or other orders(s) as this Honourable Court may deem fit to make in the circumstances.”
The Motion Ex-Parte came up for hearing before the presiding judge, Justice Dele Peters, on Wednesday, 15 December, 2023.
After reading the affidavit in support of the Motion Ex-Oarte deposed to by Mr Obidiya and after hearing Oladipo Olasope SAN for the application, Justice Peters had issued an order as follows:
An order of interim injunction 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 Obidiya as the Secretary of the Osun JSC.
The order included but was not limited to salaries and other pecuniary benefits pending the determination of the interlocutory application;
An order of interim injunction restraining the defendants from appointing Mrs. Abosede Fagbola to the position of secretary of the JSC and or giving effect to the circular issued by the defendants, dated 7 November 2023, transfering the said Mrs Abosede Fagbola to the JSC;
The 4th defendant, Accountant General of Osun State, was ordered and directed to continue to pay the salary, entitlements, emoluments, remuneration and other benefits and moneys Obidiya is entitled to as the secretary of Osun State JSC, pending the determination of the interlocutory application.
Justice Peters also stated: “Let me add because I feel it is important for me to so add that it is safe for me to and I do take judicial notice of the obvious fact that His Excellency Governor Ademola Adeleke of Osun State is a beneficiary of the Judiciary and the Rule of Law.
“Thus, His Excellency would ensure compliance with this order by all and sundry in his administration.
“I direct that this order together with the Motion on Notice and all other processes in this case be served on the defendants immediately.”
The presiding judge adjourned the case to 12 December, 2023 to hear the pending motion on notice and directed that Hearing Notice should also issued and be served on the defendants with the proof of same in the file.
