Ogun: Court Throws Out Suit Challenging Musa-Olomu's Appointment As FMC MD - THE ENCOUNTER NEWS


Thursday, March 17, 2022

Ogun: Court Throws Out Suit Challenging Musa-Olomu's Appointment As FMC MD


Prof. Musa-Olomu

ABEOKUTA - A Federal High Court sitting in Abeokuta, the Ogun State capital has dismissed a suit challenging the appointment of the Medical Director of Federal Medical Center, Abeokuta, Professor Adewale Musa-Olomu by a Non Governmental Organisation, All Youths Reoriented Initiative of Nigeria.

The case with suit number FHC/AB/CS/100/21 was dismissed in its entirety for lack of locus standi and non disclosure of reasonable cause of action against Musa-Olomu who was the second defendant in the case.

The NGO believed to be sponsored by some staffers of the Centre also joined the Federal Ministry of Health in the suit.

The NGO had through an originating summon filed on the 31st of August, 2021 sought for an order restraining the Ministry, not to appoint or recommend Musa-Olomu for appointment as MD of the Centre on the alleged abuse of office, overage and alleged discrepancies in his names.

It sought for an order of the court to declare Musa-Olomu as not qualified to be recommended for appointment on the reason of his age and an order directing his immediate retirement on the ground that he had attained 60 years of age.

The application was filed after Musa-Olomu had been reappointed for a second and final term by the Ministry of Health.

In his preliminary objection to the suit, Musa-Olomu, through his Counsel led by Otunba Kunle Kalejaye (SAN) had insisted that the NGO lacked requisite locus standi to institute the action as it was premature, speculative, theoretical and academic.

He also argued that the reliefs sought by the Plaintiff in the originating summons were prima facie not within the jurisdiction of the court, adding that no reasonable cause of action was disclosed in the suit.

He further argued that the suit constituted an abuse of court processes and that the court lacked jurisdiction to entertain the matter.

In an affidavit in support of the motion, Musa-Olomu argued that no member of the general public or civil servant or industrial unions including those of FMC, Abeokuta had lodged any complaint against the recommendation for his reappointment.

He further maintained that the NGO was a meddlesome interloper who has instituted the suit only to attract media attention and frenzy, saying that none of the members of the NGO and its legal interest was affected by his reappointment.

In her 30 page judgement, Justice O.O. Oguntoyinbo dismissed the suit in its entirety by agreeing with the respondent on the ground that the Applicant was bereft of locus standi to institute the action.

Justice Oguntoyinbo further maintained that the case was destined to be dismissed because it was based on speculations and conjectures and that no reasonable cause of action or interest was disclosed by the Applicant.

She however awarded cost of N100,000 against the Plaintiff.

Commenting, the lead defence counsel, Kalejaiye (SAN) lauded the judgment describing it as a "triumph of truth over falsehood.

"You don't build something on nothing. What happened this afternoon is to illustrate the fact that truth has caught up with falsehood."


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