Justice O.A Ogunbowale of National Industrial Court of Nigeria sitting in Lagos has given an order restraining the Osun State Governor, Ademola Adeleke, and 14 others from appointing a Rector for Osun State Polytechnic, Iree.
The judge made the order following an ex parte motion filed before the court by the suspended Rector of the polytechnic, Dr. Tajudeen Odetayo. Justice Ogunbowale, who is sitting as a vacation judge in Lagos Division, ordered Adeleke and 14 other respondents to stay further action on the institution pending hearing of the motion on notice.
The court also ordered that hearing notice be issued to all respondents before the next adjourned date. The court order was sequel to a motion ex parte moved by the claimant/applicant counsel, Mr. Rasheed Adeniyi Oluwofobi, who urged the court to grant the applications in the interest of justice and public interest.
The motion was brought pursuant to Section 256C (a), (d) and Section 36 of the 1999 Constitution of the Federal Republic of Nigeria (as amended), Order 17 Rule 1 and 2 of the National Industrial Court (Civil Procedure Rule 2017 and under the inherent jurisdiction of the court.
Odetayo prayed the court for an order of interim injunction restraining the defendants/respondents, their servants, privies, employees or howsoever described from giving effect to the letter of suspension dated July 11, 2023 and letter of query dated August 1, 2023, given to the claimant/applicant herein or in any way interfering with the claimant/applicant’s position as the Rector of Osun State Polytechnic pending the hearing and determination of motion on notice for interlocutory injunction before this court.
While arguing the application dated August 21, 2023, and filed the same date, he submitted that the claimant deposed to an affidavit that common law and equity has not been followed in the purported suspension planned in collaboration and conspiracy of the 1, 2 to 15 respondents.
The judge subsequently adjourned the case to October 10, 2023 for hearing.
