The Presiding Judge, Ibadan Judicial Division of the National Industrial Court, Hon. Justice Dele Peters has dismissed the allegation of unlawful appointment termination claim filed by the former Chairman, Secretary and Members of Obokun Local Government Education Authority (Board), Chief Owoeye Abiodun and 6 others against Osun State Government, Its Attorney General and 4 others for lacking merit.
The Court held that the law (Osun State Universal Basic Education Law, 2017) upon which Chief Owoeye Abiodun and 6 others founded their claims was made by an unknown and non-existing State of Osun House of Assembly, that what the Constitution created and empowered to make law is Osun State House of Assembly and not the State of Osun House of Assembly.
Meanwhile, it was gathered that From facts, the claimant- Chief Owoeye Abiodun and 6 others had sought a declaration that the purported dissolution of Obokun Local Government by the Osun State Government sometime on 29th November 2022 is wrongful and not in accordance with the provisions of the enabling law (the Universal Basic Education Authority Law, 2017) of Osun State and as such illegal, null and void and of no effect whatsoever.
Chief Owoeye Abiodun and 6 others stated that they resumed office immediately following their appointments between May and November 2020 and were given copies of the Law that established the Local Government Education Authority and the termination of their appointments were done against the law of the state.
In Defense, the Defendants- Osun State Government, Its Attorney General and 4 others argued that the appointments of Chief Owoeye Abiodun and 6 others were not on qualifications but political due to the gratification of the immediate past State Governor.
Justice Dele Peters ruled that any law allegedly made by such an illegal and unconstitutional institution whether it is called the State of Osun House of Assembly or any other name is illegal, null, void and unconstitutional.
However, Justice Dele Peters held without necessarily conceding that the Court has the requisite jurisdiction to determine the case on the merit that the appointment of Chief Owoeye and 6 others were not made pursuant to any legislation and cannot take advantage or any statutory protection respecting their disengagement.
