The Presiding Judge, Akure Judicial Division of the National Industrial Court, His Lordship, Hon. Justice K. D. Damulak has nullified the purported appointment termination of Former Commissioner II and full-time member of Ekiti State Universal Basic Education Board (SUBEB) Rt. Hon. Dele Olugbemi by the Governor of Ekiti State and its Attorney General for non-compliance with Ekiti State Universal Primary Education Board Law.
The Court ordered the Governor of Ekiti State and its Attorney General to calculate and pay Hon. Dele his salaries from August 2017 to January 2020 with the sum of Two Million, Six Hundred and Forty Naira furniture allowance within 60 days.
From facts, the claimant-Hon. Dele had submitted that he was appointed as commissioner II, Ekiti State Universal Basic Education Board (SUBEB) Ekiti State with effect from 4th January 2016 that the Governor and its attorney served him a letter of termination of appointment dated 14th August 2017 without any query, letter of warning or any allegation of dereliction of any duty or whatever reason, urged the court to find and declare the termination null and void.
In opposition, Learned defendants counsel had submitted that the termination of the appointment of the Claimant does not run contrary to the provisions of the Ekiti State Universal Basic Education Board (SUBEB) Law and the 1999 Constitution that the claimant according to the letter of appointment was holding his appointment at the pleasure of the Governor and the Governor reserves the right to terminate the appointment without any ceremony whenever the pleasure ceases.
Further submitted that the claimant’s appointment was validly terminated by the resolution of the Ekiti State Universal Basic Education Board, that the removal of the claimant was recommended to the Governor, who listened to the claimant before removing him in compliance with Ekiti State Universal Basic Education Law.
Counsel maintained that the Claimant’s appointment was not ratified by Ekiti State House of Assembly contrary to the provisions of Ekiti State Universal Basic Education Board Law which have deprived the appointment of the claimant statutory flavour.
In reply, the learned claimant’s counsel S.A. Olayemi Esq contended that Ekiti State Universal Basic Education Board is a creation of the Ekiti State House of Assembly and so is a Statutory Board urged the Court to hold so.
Delivering Judgment, the presiding Judge, Justice Damulak held that no room in the Ekiti State Universal Basic Education Board into which the Governor of Ekiti State can appoint a Chairman or commissioner/member at his grace or pleasure.
“There is no reason why compliance with the law in the appointment of the claimant should be made a question of fact at this stage when the legality of his appointment was never challenged until his appointment was terminated.
“Having found that the appointment of the claimant must by law be deemed to have been made under the Ekiti State Universal Basic Education Board (SUBEB) Law 2005; the inclusion of the sentence ‘The appointment is at the pleasure of the Governor, please’ in the claimant’s letter of appointment is an inconsequential surplusage without legal effect whatsoever.
“On the whole, I find that the appointment of the claimant enjoyed statutory flavour and was not at the pleasure of the Governor. The termination of the claimants appointment did not comply with the provisions of section 7 of the Ekiti State Universal Primary Education Board (SUBEB) Law 2005 and so is unconstitutional, unlawful, null and void and of no legal effect whatsoever. The claimant is accordingly entitled to reinstatement or payment of his earning for the unexpired tenure of his office.
“Now the appointment of the claimant was for 4 years from January 2016 which has already expired by January 2020. In the circumstance, reinstatement is not practicable so the claimant is entitled only to the payment for his unexpired tenure.”
