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Court restrains Adeleke from sacking Osun CJ
The National Industrial Court of Nigeria, sitting in Ibadan, Oyo State, has barred Osun State Governor Ademola Adeleke from removing the State Chief Judge, Adepele Ojo, and Michael Obidiya, as secretaries of the state Judicial Service Commission.
The orders were issued in response to two separate lawsuits brought by Ojo and Obidiya through their attorney, Oladipo Olasope.
Ojo had taken Adeleke before the court in a suit number NICN/IB/6123 filed by her attorney and was joined in the suit by the Osun State Attorney General, the Osun State Judicial Service Commission, and the state accountant general.
In an ex-parte motion filed on November 15, 2023, the claimant asked the court for an order of interim injunction prohibiting the defendants from removing, reversing, or terminating her appointment and conditions of service as Chief Judge of Osun State, “including but not limited to salaries and other pecuniary benefits, pending the determination of the interlocutory application.”
Ojo further requested that the 4th defendant (Gov. Adeleke) continue to pay her salary, entitlements, emoluments, salaries, and other perks as Chief Judge of Osun State while awaiting the outcome of the interlocutory case.
After hearing Olasope, counsel to the claimant, Presiding judge D. Peters, issued the following order: “An order of interim injunction is issued restraining the defendants by themselves or their agents or privies, however so-called, from interfering with removing, reversing or terminating the Applicant’s appointment and conditions of service as the Hon. Chief Judge of Osun State, including but not limited to salaries and other pecuniary benefits
“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 court adjourned the hearing on the ongoing motion on notice until December 12, 2023.
Similarly, in deciding on an ex-parte application filed by Obidiya against Adeleke, the Attorney General, the State Judicial Service Commission, and the State Accountant General, Justice Peters granted the claimant’s requested relief.
After that, the court issued an interim order that the defendants could not remove, reverse, or terminate the applicant’s appointment and conditions of service as the Secretary of the Osun State Judicial Service. This included salaries and other financial benefits, but was not limited to those. This was done until the outcome of the interlocutory application.
