OYO 101: ALGON Vs. Oyo Govt: Who Wins? !! By Muftau Gbadegesin
OYO 101: ALGON Vs. Oyo Govt: Who Wins? !! By Muftau Gbadegesin.
On the 7th day of May, 2021, the supreme Court of Nigeria will lay to rest the protracted legal war between Oyo state Government and the Association of Local Government officials of Nigeria, the umbrella body of the local government, LCDA chairmen and councillors in the country.
“With due respect and honour to their Lordships of the Court of Appeal that upheld the dissolution of democratically elected local government councils administration in Oyo State by the Governor, Engr. Seyi Makinde” Prince Ayodeji Aleshinloye-Abass, the association chairman, declared “ALGON rejects the judgment and will proceed to the Supreme Court to appeal against the judgment.
It is our strong belief that the course of justice, he continues “is not served because the crux of the judgement was a subtle hibernation in legal technicality without due consideration of the hard facts of the issues and the valid points of law”.
The council chairmen, elected on the 12th of May, 2018 under the administration of late Abiola Ajimobi of the All Progressives Congress were flushed out of their respective offices on the 29th of May, 2020 after the swearing of Governor Seyi Makinde of the People’s Democratic party. What informed that hurried and quick decision remains an open secret.
ALGON in her bid to contest the legality of their eviction first approached an Ibadan High court, which granted her prayer by declaring the state’s Government action null and void, ultra vires and unconstitutional. Not satisfied with that judgement, the government appealed and on the 17th of May, 2020, the appeal court delivered its judgement in favour of the state Government.
After the dissolution of the council bosses on the 29th of May, 2019. The state Government on the 24th of December, 2019 constituted a caretaker committee chairmen to oversee the affairs of local government administration. This development, according to the Association chairman, Prince Ayodeji Aleshinloye-Abass is “illegal, (as) appointments of Caretaker usurpers shall undoubtedly be set aside by the courts as guardians of our Laws and Constitution.
In a landmark judgment of Friday, December 9th, 2016. The supreme Court of Nigeria upheld the appeal of Ekiti local council against the Government of Governor Kayode Fayemi. The court described the dissolution of the democratically elected chairmen as “Executive Lawlessness” and asked that the rule of law as enshrined in the Constitution be allowed to due course.
While Oyo ALGON may bank on this judgement because it is unlikely the Apex court will contradicts itself. By Constitution, their tenure expired on the 12th of May, 2021. The implication of this is that, the council chairmen are caught between the rock and the hard place. And that must have also informed the state Government to fix local Government election two weeks after the supreme Court judgement to avoid continuous absence of Democratically elected officials in the council.
Sadly, the people at grassroots continue to be at the receiving end of this legal war because the standstill that has greeted the running of their affairs. This kind of contestation on one part is good for politicians who want to flex muscle, beat chest and fight dirty both in the public and the court room but bad on the other for those who await the dividends of democracy. In other words, an ALGON wins is a win for continuous call for local Government autonomy from the high handedness, iron fist and buccaneering posture and over zealous state Governors while a win for the state Government means the council affairs will continue to be at the mercy of state — and their survival tied to the apron string of the Governors.
OYO101, Muftau Gbadegesin’s opinion on issues affecting Oyo State, is published on Saturdays. He can be reached via muftaugbadegesin@gmail.com and 09065176850.
