RE: COURT CAN NOT ENFORCE JUMBO PAY FOR LEGISLATORS – PITIABLE IMAGINATION OF ONDO STATE ATTORNEY GENERAL
My attention has just been drawn to an online report written by the Ondo State Attorney General with the caption above. As a politician of high pedigree who has occupied wide range of political offices dated back to 30 years, I have these to say:
I am quite knowledgeable about the runnings of democratic administration *having traversed the landscape as an elected Councillor, Supervisory Councillor, Senior Special Assistant to the Governor, Chairman of reputable Boards in Ondo State, Hon. Commissioner, elected House of Assembly member and lately Deputy Speaker of Ondo State House of Assembly.
The question of Jombo pay to Legislators as erroneously and novicely claimed by the Attorney General is red herring and a poor attempt to divert focus from issues in litigation . It will be recalled that on July 2020 precisely, Governor Akeredolu approached the House of Assembly to help impeach his Deputy, Hon. Agboola Ajayi from *which ** some Honourable members and I with good conscience and untainted integrity desociated.
My refusal to participate in the evil impeachment plot infuriated them, hence they hurriedly carried out my suspension from the House and later unlawfully removed me as Deputy Speaker without minding the constitutional implications of their illegal acts. I challenged the illegality in Ondo State High Court of Justice. After almost about 3 years of litigation, the Court, having considered all the evidence before it found merit in my case and gave me victory on 11th January, 2023. The judgment reversed the purported removal, ordered payment of my salaries and entitlements as well as damages
Dissatisfied with the judgement, Attorney General of Ondo State who stood in for Ondo State House of Assembly filed a notice of appeal and an application for Stay of execution of judgement on the very day the judgement was delivered having prempted the outcome of the judgement not been favourable to them. While the Stay of execution was waiting to be heard by the High Court, he proceeded to the Court of Appeal and filed a similar application. When the application came up for hearing at the High Court, my lawyer, Ch. W.F. Omotoso SAN urged the court to strike out the Attorney General’s application being a gross abuse of Court process. Having found merit in the argument of my counsel, Court struck out the application leaving with that of court of Appeal.
What’s more? Hearing notices were issued and served on parties by the Appellate Court for the determination of Stay of execution application instituted by the Attorney General. After hearing from parties on 28th day of March, 2023 Court of Appeal dismissed the Attorney General’s application. Hence, he is left with the main appeal which till date he has abandoned to pursue.
I know that, in law, appeal does not operate as Stay of execution of judgement in line with the various decision of Court. Since there is no encumbrance on my way to enforce the judgement that I’ve obtained. I briefed my lawyer to file a motion experte to garnishee the account of the judgement debtors which includes Ondo State House of Assembly and Ondo State Govt having in mind that House of Assembly enjoys no financial autonomy but relies solely on the Ondo State Govt for it’s day to day finances. It’s worthy of note that salaries of Assembly members and that of civil servants are paid monthly from Accountant General’s office.
It should be noted that among the reliefs granted to me by the Court is immediate payment of the arrears of my salaries, allowances, emoluments and all perquisites of my office as Deputy Speaker from the date of my unlawful suspension/impeachment to the date of judgement.
In the processes I filed before the court was the affidavit which I deposed to evidencing the total amount owed me by govt which includes but not limited to my regular salaries and other allowances and perquisites of my office from July 2020 to May 2023. Vouchers evidencing these payments from the Ministry of Finance were equally exhibited to the affidavit for Court to make decisions.
The AG did not file any counter calculation of what i am entitled to thereby in.law accepting the amount as correct . It is these allowances that the Attorney General was reffering to as jumbo pay. It’s unfortunate that an Attorney General only has a bare knowledge of the running of govt or emoluments of public servants. His statement is indirectly rewriting the judgement.
There are certain offices such as that of the President, Vice President, Senate President, Speaker of House of Representatives, Ch.Justice of the Federation, Governor, Deputy Governor, Speaker, Deputy Speaker, Chief Judges of States and the likes that enjoy certain benefits apart from the salaries attached to their offices that are not disputed but recognised by RMFAC being attached to the office. The type of entitlements that iam claiming had been paid to the erstwhile Speaker, Hon. David Oleyelogun. and illegitimate occupier of the office of Deputy Speaker before my reinstatement, Hon. Samuel Aderoboye illegally without any hassle from the Mr Titiloye.
Will the Attorney General use his almighty position to ask these fellow to refund the allowances they’ve collected if he claims that the allowances are against RMFAC? Will he also describe his own allowances as AG jumbo? To the Attorney General “what’s good for the goose is not good for the gander ” since my refusal to join multitude to do evil in the aborted impeachment of the erstwhile Deputy Governor. They insisted in punishing me. A.G. should remember that his position and that of his appointor is not permanent. The only thing that is permanent in life is change.
I think Mr Charles Titiloye is trying to whip public sentiment around their harassment of the judiciary through fund withholding all against the collection of my legitimate entitlements . He collects whooping sums in his office as Commissioner monthly. It is interesting that the totality of the perquisites of my office that has been denied me for 3 years has suddenly become a “JOMBO PAY “. Attorney General should better be cautioned not to open a can of worm, hence….
Decree nisi was granted by the court and the order was served on the garnishes. All the garnishes responded by showing cause. Attorney General filed a preliminary objection which was replied to accordingly by my lawyer.
Immediately the garnishee nisi was granted, Attorney General instructed the State Accountant General to withhold the money(ies) meant for the Judiciary as a show of force and superiority to intimidate the Judiciary to sucum and vacate the garnishee order granted to enforce my judgement. This claim was confirmed by Justice D.I. Kolawole in open court on 21st June, 2023 I see the action of the Attorney General as an Executive Recklessness.” Power corrupts, absolute power corrupts absolutely” The question that is begging for answer now is that what’s the hope of common people like me getting Justice when they have a case against the govt in Courts since Judiciary can be punished for giving judgement against govt?
Let me assure him that he is out for a long drawn fight in court and these conducts will be recorded whenever and wherever his name pops up.
Rt. Hon. Iroju Ogundeji
Deputy Speaker,Ondo State House of Assembly, 2017- 2ND JUNE, 2023.
