The High Court of Ogun State presided by Hon Justice Catherine Ogunsanya delivered her judgement today in suit number HCJ/53/2025 instituted by Wale Adedayo against the Governor of Ogun State, Dapo Abiodun and two others. Mr Adedayo had instituted the suit to challenge his suspension as the Chairman of the Ijebu East Local government Area. He alleged that Governor Dapo Abiodun had orchestrated his suspension and therefore sued him as the 1st Defendant.
Dismissing all his claims against the governor, the Court held that the Local government is a separate entity distinct from the governor. Similarly, the laws that created the Local government gave it a legal personality with the capacity to sue and be sued in its name.
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The claimant contended that the Secretary to the State Government (SSG) wrote a petition against him to the Commissioner of Police upon which a criminal charge was preferred against him. He contended further that it was the governor that directed the SSG to write the petition because of the political differences he had with Governor Abiodun.
The Court however could not find any nexus between this Petition and the alleged political differences. The learned judge agreed with the argument of the 1st defendant through his counsel Adekunle Manual (Assistant Director, Civil Litigations) who appeared with P M Sebiomo that there was no convincing evidence to suggest that the Governor was behind the Petition or that such a petition was written due to the Claimant’s allegation of political differences.
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The court equally found that since the Local government and its legislative council were separate from the governor, the governor could not be held responsible for their action or inaction. Furthermore, that vide the provisions of the Local Government Law of Ogun State, it was only the governor that could suspend the claimant for a period of 3 months, a step the Governor never took.
In the final analysis, the judge noted that since the tenure of the claimant had lapsed, he could not be restored to his office, even though the steps taken towards his removal are illegal, null and void. Furthermore, he did not make any claim for his salaries since his suspension. Thus, the Court cannot make any order for its payment. However, the Court granted general damages in the tune of 30 million to the claimant.
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