The High Court sitting in Abeokuta, Ogun State Capital has ordered reinstatement of salary of traditional ruler of Iro town, Oba Najeem Aromaye, who had earlier filed a suit number AB/625/2020 against the Ogun State Government.
Penpushing reports that, in an originating summons the monarch who is the claimant challenged the stoppage of his salary by the defendants which include; Commissioner for Local Government Affairs and Attorney General and Commissioner for Justice.
The claimant in the summon dated December4, 2020 argued that the ground which the salary was stopped was false, adding that the crux of his case was that his salary was stopped on the ground that his application for stay of proceedings before the Court of Appeal had been withdrawn, and his appeal struck out
Penpushing further reports that, the royal father explained that while the application for stay of proceedings was withdrawn, the appeal was never struck out, but rather still subsisting, while the defendants in their counter affidavit at paragraph 9, admitted that the appeal was not struck out , and that the letter dated 4th December, 2020 was written in error.
The judge, Justice Abiodun Akinyemi in his judgement noted that the issue in the case is very narrow, adding that the letter dated 4th December, 2020, which was exhibit C, clearly stated the reason for the stoppage of the claimant’s salary
‘The defendants have admitted their error concerning its content. It is my view that by asking the court to consider other reasons outside exhibit C, to justify their action, the defendants are seeking to rely on extraneous matters beyond the cause of action in this suit’,Akiinyemi said.
‘The law is trite that it is the claim of the claimant that vests the court with jurisdiction. I have listened to the legal submissions of both learned counsel. In my view, the reason stated in exhibit C having been proved to be untenable, even as the defendants themselves have admitted the act of stopping the salary of the claimant, is wrongful, illegal and unjustifiable. Consequently, there is merit in this summons’
Penpushing also reports that, the judge therefore make the following declaration: It is declared that the stoppage of the payment of the salary and allowances of the claimant as the Oniro of Iro by letter dated 4th December, 2020 by the defendants is null and void, and no legal effect
‘An order is hereby made setting aside the instruction contained in the said letter of 4th December 2020 to the President of Egba Traditional Council, Oba Adedotun Aremu Gbadebo, the Alake of Egbaland and Paramount Ruler of Egbaland, to stop the payment of the salary and allowances of the claimant as the Oniro of Iro’
Penpushing reports that, the Judge also gave order directing the first defendant to instruct the President of the Egba Traditional Council, Oba Adedotun Aremu Gbadebo, the Alake and Paramount Ruler of Egbaland to pay any or all the arrears of the salary and allowances of the claimant from December, 2020.
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