Adedeji informed the court that attempts to settle the matter out of court had broken down when the judgment debtor claimed that the rank-ordered by the court was no longer obtainable and requested evidence to support the claim. Adedeji also stated that the rank proposed by the NIS had been abolished and was no longer in existence. As a result, Oguntoyinbo brought a motion on notice before the court on Monday.
Adedeji explained that the application was filed on February 22 and was brought under Order 63, Rules 1, 2, and 6 of the NICN proceeding. The application was supported by six grounds with an 18-paragraph affidavit that Adedeji adopted, placing reliance on all the paragraphs of the affidavit. The application had three prayers, one of which was an order of the court to direct the judgment debtors to comply with the court’s judgment delivered on May 29, 2019.
Another prayer was that the defendant, having failed to comply with the judgment of the court directing the alignment of the rank of the judgment creditor to that of the comptroller of immigration, be ordered to do so. The final prayer was for the judgment debtor to be committed to prison for failing to obey the court’s order.
Adedeji urged the court to grant the application, stating that the defence, which had been served, did not file a counter-affidavit, and no legal representative had appeared on its behalf for the last three proceedings of the court. Adedeji also informed the court that the defence had partially complied with the court's monetary order.
However, Oguntoyinbo's main concern was the court's order to align his rank and promote him to the rank of the comptroller of immigration, as he had never been promoted during his 25 years of service. The court delivered a judgment in Oguntoyinbo's favour on March 29, 2019, ordering that his rank be immediately aligned to that of the comptroller of immigration and payment of N9.7 million as unpaid salary, among other orders.
After hearing Adedeji's application, the court adjourned until April 19 for a ruling. Oguntoyinbo remains hopeful that the court will grant his application and finally secure his rightful promotion.