Appeal court dismisses suit against Fayemi’s SIEC, others

… Axe dangle over LG chairmen The Court of Appeal sitting in Ado-Ekiti on Wednesday dismissed out the appeal filed by Ekiti State government against the judgment of the National Industrial Court of Nigeria (NICN) recognising statutory bodies dissolved by former Governor Ayo Fayose. The Akure Division of the NICN in October last year nullified Fayose’s dissolutions 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 that 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 seeking to upturn the verdict of the National Industrial Court. The Chairman of SIEC set up by Fayemi, 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 was yet to end at the time of 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 Justice Ahmad Belgore who led a three-member panel dismissed the appeal after it was withdrawn by the Attorney General and Commissioner for Justice, Mr.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 plaintiffs averred that at the time Fayose dissolved their commissions, there was no vacancy The state Ministry of Justice upon the assumption of office of the new Attorney General reviewed all the files and resolved that the appeals are not meritorious. The Attorney General filed a notice of withdrawal of the appeal and the Appeal Court consequently in accordance with Order 11 Rule 5 of the court. With the withdrawal of the appeal and striking out of same by the Appeal Court, the judgment of the National Industrial Court which validated the Fayemi SIEC and other statutory bodies now subsists. Fayose set up his own SIEC led by former state Chief Judge, Justice Kayode Bamisile, which had conducted two local government elections including the one that brought the present crop of council chairmen and councilors 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.]]>