Court Nullifies Removal Of Chairman, Members Kwara Assembly Service Commission

The Presiding Judge, Akure Judicial Division of the National
Industrial Court, His Lordship, Hon. Justice Kiyersohot Damulak has
nullified the removal of Rt. Hon. Babatunde Mohammed and Hon Alex
Kehinde, Dr. Suleiman Alege , Hon. Hassan Babako and HON. Nimota
Ibrahim from Kwara State House of Assembly Service Commission as
Chairman and members respectively; ordered the state government to
pay Hon. Babatunde Mohammed the sum of N31,157,323.20 and others
N27,337,098.4 each, representing their emoluments for their
unexpired tenure from September 2019 till May 2023 within 30
days.

The Court held that the Hon. Babatunde Mohammed and others’
removal was contrary to the provisions of Kwara State House of
Assembly Law, that their failure to attend state functions is not
misconduct to warrant removal from office.

From facts, the claimants- Hon. Babatunde Mohammed and 4 others
had submitted that their removal from office three months into
their four years tenure was unlawful and ought to be set aside.

In defense, the state government submitted that Hon. Babatunde
Mohammed and others were queried for misconduct and their reply was
not satisfactory and was removed in the interest of the Commission
and the public and in compliance with the resolution and the
decision of the state house of Assembly as communicated to the
governor.

The defence counsel, A.M.Bello Esq submitted that the suit is
incompetent for non-joinder of the Kwara State House of Assembly
and the court will not grant a relief that affects the statutory
action of a party who was not joined as a party to the suit, urged
the court to strike out the case and further that the monetary
claims in the suit are tenuous and it amounts to an illegal
conspiracy of the Claimants to deprive the State of economic
justice.

In opposition, the claimants’ counsel K. K. Eleja (SAN) With
M.A. Abdulraheem and I.K. Aladiture Esq averred that claimants
failure to attend the state functions which they were not made
aware of cannot be construed as proof of misconduct or a violation
of their breach of allegiance of office and the Kwara State House
of Assembly did not afford them the opportunity to be heard before
passing a resolution to be removed from their respective
offices.

Delivering the Judgment, the presiding Judge, Justice Kiyesohot
Damulak dismissed the objection and held that the case can be
comfortably disposed of and executed without the presence of the
House of Assembly as it is not a necessary party in the suit.

Justice Damulak declared that the removal of the claimants from
office for no reason is unconstitutional, null, and void; and held
that the evidence of publication of invitation widely circulated in
the print and electronic media for inviting the claimants to state
functions was neither pleaded nor produced and the House of
Assembly must first hear the claimants in the spirit of fair
hearing guaranteed by section 36 of the constitution.

The Presiding Judge, Akure Judicial Division of the National
Industrial Court, His Lordship, Hon. Justice Kiyersohot Damulak has
nullified the removal of Rt. Hon. Babatunde Mohammed and Hon Alex
Kehinde, Dr. Suleiman Alege , Hon. Hassan Babako and HON. Nimota
Ibrahim from Kwara State House of Assembly Service Commission as
Chairman and members respectively; ordered the state government to
pay Hon. Babatunde Mohammed the sum of N31,157,323.20 and others
N27,337,098.4 each, representing their emoluments for their
unexpired tenure from September 2019 till May 2023 within 30
days.

The Court held that the Hon. Babatunde Mohammed and others’
removal was contrary to the provisions of Kwara State House of
Assembly Law, that their failure to attend state functions is not
misconduct to warrant removal from office.

From facts, the claimants- Hon. Babatunde Mohammed and 4 others
had submitted that their removal from office three months into
their four years tenure was unlawful and ought to be set aside.

In defense, the state government submitted that Hon. Babatunde
Mohammed and others were queried for misconduct and their reply was
not satisfactory and was removed in the interest of the Commission
and the public and in compliance with the resolution and the
decision of the state house of Assembly as communicated to the
governor.

The defence counsel, A.M.Bello Esq submitted that the suit is
incompetent for non-joinder of the Kwara State House of Assembly
and the court will not grant a relief that affects the statutory
action of a party who was not joined as a party to the suit, urged
the court to strike out the case and further that the monetary
claims in the suit are tenuous and it amounts to an illegal
conspiracy of the Claimants to deprive the State of economic
justice.

In opposition, the claimants’ counsel K. K. Eleja (SAN) With
M.A. Abdulraheem and I.K. Aladiture Esq averred that claimants
failure to attend the state functions which they were not made
aware of cannot be construed as proof of misconduct or a violation
of their breach of allegiance of office and the Kwara State House
of Assembly did not afford them the opportunity to be heard before
passing a resolution to be removed from their respective
offices.

Delivering the Judgment, the presiding Judge, Justice Kiyesohot
Damulak dismissed the objection and held that the case can be
comfortably disposed of and executed without the presence of the
House of Assembly as it is not a necessary party in the suit.

Justice Damulak declared that the removal of the claimants from
office for no reason is unconstitutional, null, and void; and held
that the evidence of publication of invitation widely circulated in
the print and electronic media for inviting the claimants to state
functions was neither pleaded nor produced and the House of
Assembly must first hear the claimants in the spirit of fair
hearing guaranteed by section 36 of the constitution.