A Court of Appeal sitting in Ado Ekiti, the Ekiti State capital, Tuesday, dismissed the appeal by the state government challenging the judgment of Justice A.K Fowe of an Ado Ekiti High Court which declared the dissolution of the Ekiti State Local Government Service Commission by Governor Kayode Fayemi as unlawful and of no effect.

Delivering judgment in the suit, Presiding Justice Uwani Musa Abba-Aji, likened Fayemi’s action to that of a military dictator, saying she believed that such dictatorial actions had ended in 1999 when the country returned to democratic rule.

Justice Fowe had on17th January, 2011 while delivering judgment between Chief Femi Akinyemi and 6 others and the state government, ordered that the Commission’s Chairman, Chief Femi Akinyemi and six members of the commission be paid the total remunerations due to them till 11th February, 2011 when their three year tenure would have ended.

Dissatisfied with the Justice Fowe’s judgment, Fayemi had approached the Court of Appeal, urging it to upturn the trial court’s judgment, maintaining that Justce Fowe erred by declaring the dissolution illegal and unlawful; and ordering the payment of the plaintiffs/respondents entitlements.

Presiding Justice Uwani Musa Abba-Aji supported by Justices Chidi Uwaoma Uwa and Mohammed Tsamani, affirmed the decision of the lower court and awarded N50, 000 cost against Fayemi.

According to the ruling, “The appeal lacked merit and as such the termination of the appointments of
the Chairman and members of the Local Government Service Commission was null and void.”

The court ordered the immediate payment of the total emoluments of the respondents.
as “they enjoyed statutory flavour and appointed in accordance with the Local Government Service Commission Law.”

The court however said that the respondents “cannot eat their cake and have it back”, hence the governor upon payment of the respondents outstanding benefits up till February 2, 2011 could go ahead to reconstitute the commission.