Marilyn Orgar’s bid to return to the DSS fails in court

The National Industrial Court on Monday dismissed a request by a former spokesperson of the Department of State Services (DSS), Marilyn Ogar, for her reinstatement to the service.

Ogar was sacked in 2015 following allegations of alleged fraud and engaging in partisan politics.

The former DSS spokesperson had approached the court in 2016, but reportedly abandoned the suit until May of this year when a fresh request was made.

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The case was slated for judgment in July after the court, presided over by Olufunke Anuwe entertained arguments from counsel on the matter.

Delivering the judgment on Monday, Ms Anuwe said the application brought by Ogar “was dead on arrival, since it was not renewed in accordance with the rules of the court”.

The judge ruled that the failure of the applicant to renew the motion, within the stipulated time, as demanded by order 6, rules (4) and (5) of the court, meant an absence of a valid motion before the court.

“The action is no longer maintainable as the claimant failed to disclose any reasonable cause of action. The summons remains invalid and dead since it was not renewed after the initial filing in November 2016.

“In line with order 6 rules 4 and 5, an originating process is only valid for 6 months and when renewed, it cannot be extended beyond 12 months. In my view, it means there was no action nor a valid suit before the court. This suit is dismissed and there is no order as to cost,” the judge ruled.

 

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