Former director sues Lagos for alleged non- compliance with court order

FORMER director in Lagos State Civil Service, Dr. Kunle Okusanmi has dragged a Lagos government to court over alleged failure to obey Appeal Court order to pay all his entitlement since July 1999.

The claimant in his writ of summon dated February 16, 2015, filed by his counsel, Adewale Lawal is praying for an order of  court for “a declaration that the non-enforcement of the judgment of the Court of Appeal, delivered on February 22, 2013 in CA/L/517/09 between Dr Kehinde Okusanmi Vs. A.G Lagos State and Lagos State Civil Service Commission by the defendant is oppressive, inequitable contemptuous and unconstitutional.”

The defendants in the suit are Governor of Lagos State, Mr. Babatunde Raji Fashola (SAN), Attorney General of Lagos State, Mr. Ade Ipaye‎, Lagos State Civil Service Commission and Chairman of State civil Service Commission, Dr. Olujobi Ososanya. They are first to fourth defendants respectively.

The claimant want the court order to stop the 1st, 2nd and 4th defendant from ‎collecting their benefits and entitlement until they comply with the judgment of the Court, pay all the claimant monetary entitlement.

In his statement of claim, he averred that he was employed as a veterinary officer by the state government in 1974 and in 1999, he was retired by the third defendant which the claimant challenged in the High court of Lagos State in suit no ID/2018/1999.

He noted that judgment was delivered on the suit and court dismissed the suit. “The claimant appealed the judgment and the Court of Appeal in suit no CA/L/517/09 uphelp the appeal and declared the claimant’s retirement as null and void.

The court ordered the defendant to pay the claimant all entitlement gratuity pensions etc.”, he stated, adding that the defendants have not appealed against the judgment neither has any court granted a stay of execution of the judgment.

He said that the defendants contemptuously refused to enforce and carry out the order of the court despite numerous letters to that effect.

The claimant therefore claim from defendants are the sum of N250 million being punitive and exemplary damages, N250 million as damages for the emotional and psychological trauma, pain and suffering caused ‎the claimant arising from the action and inaction of all the defendants among other orders.

In a 24 paragraph affidavit in support of his claim, the claimant averred that the defendants conduct is unconstitutional as decision of the Court of Appeal shall be enforced in any part of the federation by all authorities and persons pursuant to Section 287 of the Constitution of the Federal Republic of Nigeria.

“The 1st, 2nd, 4th defendant have been collecting their entitlement, salaries, emoluments etc whilst refusing to enforce the directive of the court of appeal. This is inequitable,”he ‎sated.