The publicity secretary of the National Law Society, Adebayo Akinlade has sued the Oyo State governor, Seyi Makinde and three others at the Federal High Court, Abuja over appointment of four lawyers into the judicial Service Commission (JSC) of the State instead of two.

He said that the action is unconstitutional and the Commission not properly constituted. Joined in the suit are Chief Judge of Oyo State, Justice Iyabo Yerima, JSC of Oyo State, and National Judicial Council (NJC).

Akinlade wants the court to declare that the act of the 1st defendant in refusing to appoint two others not being legal practitioners who in the opinion of the governor are of unquestionable integrity as members of the 3rd defendant (JSC, Oyo State) amounts to a violation of the mandatory provisions of section 197(1) (C), 198 and particularly part 2, paragraph 5 (f) of the 3rd schedule to the 1999 Constitution of Nigeria (as altered).

He also wants the court to declare that the 4th defendant (NJC) cannot lawfully act on any report, recommendation and advisory issued by the purported 3rd defendant, which has not been validly constituted as required by law and in accordance with the mandatory provisions of sections 197(1) (c), 198 and part 2, paragraph 5(F) of the 3rd schedule to the 1999 Constitution.

The plaintiff prayed the court to declare that appointment of four legal practitioners as against two as stated in (e) of the 3rd schedule to be the Constitution as members of the 3rd defendant is unconstitutional and wrong.

Akinlade, is therefore, asking for an order of perpetual injunction restraining the 1st, 2nd and 4th defendants from acting in any recommendations, advisory and for whatever reason related with the 3rd defendant as presently constituted.

In the originating summons filed on his behalf by the former Publicity Secretary of the Nigerian Bar Association (NBA), Mr. Kunle Edun, the lawyer asked whether the defendants by virtue of the joint reading of mandatory provisions of section 197(1)(C), 198 and part 2, paragraph (5)(F) of the 3rd schedule to the Constitution are not mandatorily required to strictly comply with the said provisions and appoint the categories of persons stated therein as members of the 3rd defendant.

He also asked the court if the 1st defendant (Makinde) refusing to appoint two other person’s, not being legal practitioners who in the opinion of the governor are of unquestionable integrity as members of the 3rd defendant does not amount to violent violation of the mandatory joint provisions of sections 197(1)(C), 198 and part 2, paragraph 5(F) of the 3rd schedule to the constitution of Nigeria, 1999 (as altered).

In a 10-paragraph affidavit to support the originating summons, Akinlade said it came to his attention this year that the Oyo State JSC was constituted by the 1st defendant (Makinde) whereby four legal practitioners instead of two were appointed as members of the 3rd defendant contrary to the provisions of the Constitution.