The National Industrial Court sitting in Akure, Ondo State, has vacated an earlier order restraining the Kwara State Governor, Abdulrahman Abdulrazaq, from directing the sacked state Auditor-General, Mr Muyiwa Adeyeye, to hand over his office.
The court had last week Wednesday granted an order restraining the governor from forcing the auditor-general to hand over the duties of his office.
In a ruling on Monday on the motion on notice filed by the government, the court said Adeyeye secured the order through misrepresentation of facts on a completed act.
The court presided by Justice K. D. Damulak said the sacked auditor-general concealed material facts and thereby misled the court on a completed act.
Consequently, the court granted an order discharging, setting aside and/or vacating ex debito justitiae, the order of interim injunction made ex parte on March 2, 2022, because the claimant obtained the same by misrepresentation and/or concealment of material facts.
The court also held that the act, which the claimant sought and obtained the interim injunction on, was a completed act.
The case was adjourned till Thursday for hearing.
The Kwara State Attorney-General and Commissioner for Justice, Salman Jawondo (SAN), said the order had since been served on Adeyeye.
Adeyeye had dragged the governor before the court to, among others, declare his purported removal from office as the state auditor-general null, void, unconstitutional and of no effect.
Joined in the suit as co-defendants with the governor are the Speaker, state House of Assembly; Kwara State House of Assembly Public Accounts Committee Chairman; Kwara State Civil Service Commission and the state Head of Service.
Adeyeye had asked the court to declare that his removal from office was a breach of Section 127 (1) of the 1999 Constitution as amended, and was in consequence null, void and of no effect.
He told the court that his purported removal from office was a breach of his constitutional rights.
He also asked the court to declare that his letter of removal by the Chairman of the state Civil Service Commission dated January 28, 2022, was incompetent, null and void.
Adeyeye prayed for the order of the court declaring that he remained the auditor-general without the forfeiture of his full salary, emoluments, privileges and entitlements.
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