A Federal High Court sitting in Abeokuta, Ogun State, on Thursday dismissed a suit challenging the re- appointment of Prof Adewale Musa – Olomu as the Medical Director of Federal Medical Centre (FMC), Idiaba, Abeokuta.
The court held that the suit was based on speculations and conjectures.
The suit marked FHC/AB/CS/100/21 was filed by a Non Governmental Organisation, All Youths Reoriented Initiative of Nigeria.
The plaintiff also joined the Federal Ministry of Health, the parent body of the health institution, in the suit.
The NGO had through an originating summon filled 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 Center 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 filled 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 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 quashed the suit in its entirety.
The court held that the applicant was bereft of locus standi to institute the action.
Justice Oguntoyinbo maintai
ned that the case 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.
Kalejaiye applauded 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,” he said.
