Appeal Court dismisses suit against Fayemi’s SIEC, others

The Court of Appeal sitting in Ado-Ekiti, the Ekiti State capital, yesterday dismissed an appeal filed by the state government against the judgment of the National Industrial Court of Nigeria (NICN).

The court verdict recognised the statutory bodies dissolved by former Governor Ayo Fayose.

The Akure Division of the NICN, in October, last year, nullified Fayose’s dissolution of the State Independent Electoral Commission (SIEC), Local Government Service Commission (LGSC), Civil Service Commission (CSC), State Universal Basic Education Board (SUBEB) inaugurated by the first administration of Dr. Kayode Fayemi.

The Industrial Court also ordered Fayose to pay the chairmen and board members of the commissions their salaries and allowances, which accrued to them from the date of their dissolution to the end of their tenure.

The Fayose administration filed an appeal before the Court of Appeal to upturn the verdict of the National Industrial Court.

The chairman of SIEC, which Fayemi set up, Mrs. Cecilia Bosede Adelusi, alongside other chairmen of the commissions, challenged their dissolution at the National Industrial Court.

The plaintiffs averred that at the time Fayose dissolved their commissions, there was no vacancy, as they were entitled to a five-year tenure, which had not ended at the time of the dissolution.

Justice Ahmad Belgore, who led a three-member panel, dismissed the appeal after it was withdrawn by the Attorney General and Commissioner for Justice, Mr. Olawale Fapohunda, who appeared for the governor.

SIEC and other commissions were represented by Mr. Ibrahim Olarewaju, Mr. Tajudeen Akingbolu and Mr. Adeoye Aribasoye.

The Ministry of Justice, upon assumption of office by the new Attorney General, reviewed all case files and resolved that the appeals were not meritorious.

The attorney general filed a notice of withdrawal of the appeal and the Appeal Court, in accordance with Order 11, Rule 5 of the court, dismissed the appeal.

With the withdrawal of the appeal and striking out of same by the Appeal Court, the judgment of the National Industrial Court, which validated Fayemi’s SIEC and other statutory bodies still subsists."(FNTV)

Fayose set up his own SIEC, led by former Chief Judge, Justice Kayode Bamisile.

It conducted two local government elections, including the one that brought the present crop of council chairmen and councillors to office.

The current local government chairmen had approached a State High Court on October 12 with a motion seeking to stop Fayemi from dissolving their councils.

But Justice Abiodun Adesodun dismissed the application on grounds that there was no compelling fact on ground to grant same.