That their purported removal from their various capacities and offices is whimsical, capricious, illegal and unconstitutional and ought to be set aside. They were, by letters dated the 29 th August, 2019, notified of their purported removal from office as chairman and members of the 3 rd Defendant “in the interest of the Commission and the public with immediate effect” pursuant to Section 6 (2) of the Kwara State House of Assembly Commission (Amendment) Law, 2018.Ĩ. They were surprised to receive a letter dated 30 th July, 2019 addressed to them, all stating that the 1 st defendant is not satisfied with their respective responses. They reacted to the letters of 7 th July, 2019 by their own letters all dated 9 th July, 2019 which were received on 10 th July, 2019 by the Secretary to the Kwara State Government in which they all stated among others, that they were not invited to nor aware of any such meeting referred to and gave further explanations. That without any reasonable justification for same, they received on the 9 th July, 2019, a correspondence from the office of the Secretary to the Government of Kwara State dated 7 th July, 2019 headed “Failure to Attend State Functions and Meetings since 29 th May, 2019.’’ħ. That they were appointed by the Governor of Kwara as the chairman and members of the 3 rd defendant for four (4) Year tenure effective from 8 th May, 2019 which they accepted and were inaugurated. It is the case of the claimants that the 3 rd defendant is a creation of the Kwara State House of Assembly Service Commission (Amendment) Law, 2018. The 3 rd defendant communicated its approval to the 1 st defendant on the 20 th August, 2019, which led to the removal of the claimants from office on. The 3 rd defendant in its proceeding on Tuesday, 20 th August, 2019 approved the removal of the claimants from office. The 1 st Defendant wrote to the 3 rd Defendant requesting for its resolution to remove the claimants from office. The 1 st defendant, through the secretary to the state government, queried the claimants on and the claimant replied on which the 1 st defendant found unsatisfactory by a letter dated. His Excellency held a meeting with top Public Servants, Head of Ser vice, Permanent Secretaries, Directors, chairmen and members of Commissions and Boards and heads of MDAs on Thursday, 30 th May, 2019 and the claimants did not attend.ĥ. The present Governor of Kwara State, his Excellency, Mallam Abdulrahman Abdulrazaq came into office on. The claimants were appointed as chairman and members of the 3 rd defendant on.
Claimants’ counsel filed his final written address on and the defence counsel filed his final written address on while the claimants’ counsel filed a reply on. The parties agreed on to adopt hearing on record pursuant to Order 38 Rule 33 of the Rules of this Court on. The defendants filed a Memorandum of appearance on, and a statement of defence accompanied by all the documents required by the Rules of this court via a motion on. The complaint is accompanied by all the documents required by the Rules of this court.Ģ. In summary, the prayers are for a nullification of their removal from office as chairman and members of the Kwara State House of Assembly Service Commission, reinstatement and payment of their emoluments or pay payment of emoluments for their unexpired tenure. The claimants took out a complaint against the defendants on seeking for the grant of ten reliefs. This is a judgment on the lawfulness or otherwise of the removal of the claimants from office as chairman and members of the Kwara State House of Assembly Service Commission three months into their four years tenure guaranteed by the Kwara State House of Assembly Service Commission law 2018.
(SSC, MOJ, Kwara State) for the defendants.ġ. IN THE NATIONAL INDUSTRIAL COURT OF NIGERIAīEFORE HIS LORDSHIP, HONOURABLE JUSTICE K.D DAMULAKģ.DR.SULEIMAN ATOLAGBE ALEGE ……….………CLAIMANTSģ.KWARA STATE HOUSE OF ASSEMBLY SERVICE COMMISSIONĪ.M.