DR. GABRIEL O. OMOWAIYE v. ATTORNEY GENERAL OF EKITI STATE & ANOR
(2010)LCN/4206(CA)
In The Court of Appeal of Nigeria
On Tuesday, the 22nd day of June, 2010
CA/IL/20/2008
JUSTICES
ISA AYO SALAMI Justice of The Court of Appeal of Nigeria
OFR Justice of The Court of Appeal of Nigeria
AMINA ADAMU-AUGIE Justice of The Court of Appeal of Nigeria
HUSSEIN MUKHTAR Justice of The Court of Appeal of Nigeria
MOJEED ADEKUNLE OWOADE Justice of The Court of Appeal of Nigeria
CHIMA CENTUS NWEZE Justice of The Court of Appeal of Nigeria
Between
DR. GABRIEL O. OMOWAIYE – Appellant(s)
AND
1. ATTORNEY GENERAL OF EKITI STATE
2. HOSPITAL MANAGEMENT BOARD, EKITI STATE – Respondent(s)
Summary
The appellant herein, who had almost risen to the apogee of his career in the Civil Service of the Government of Ekiti State, accepted an offer of appointment as a Commissioner; an appointment which was not only short-lived but which, by some cruel irony, became an albatross around his glorious career: a career that spanned two decades. Before the appellant’s appointment as a Commissioner for Health in the administration of the erstwhile Governor of Ekiti State, Dr. Ayodele Fayose, he was the Chief Medical Officer in the service of the State Government, a relatively obscure, although secured, position. He opted out of his secured career position for the glamour of the position of a Commissioner: a Commissioner whose tenure was unfortunately, truncated by the State of Emergency which was proclaimed in the State on October 19, 2006. Sequel to the said events of October 19, 2006, he thought he could resume at his former duty post as Chief Medical Officer. Pronto, he communicated his intention to get back to duty to the State Health Management Board [hereinafter referred to as the Board]. In reaction, the Board intimated him that by accepting the offer of appointment aforesaid, he had taken a political appointment; hence his resumption of duty was subject to approval by the office of Establishment. Worse still, he was, subsequently, informed that his application for leave of absence was not approved: rather, he was deemed to have retired from the Service of the State. Aggrieved by this turn of events, he beseeched the High Court of Ekiti State, holden at Ado Ekiti [herein after referred to as the lower court] with an entreaty for declaratory and injunctive reliefs. The lower court [coram: Akintayo J] dismissed the matter, hence this appeal. No merit was found in the contention that the letter of appointment should have fore-warned him of the implications of his choice of the allure of the political office of a Commissioner with all its attendant razzmatazz, nay more, phantasmagoria. This disposed of the issue. It also, disposed of the appeal. Indeed, No merit was found in the entire appeal. An order dismissing it in its entirety was entered. Appeal dismissed.
