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Court restrains Makinde, 9th Assembly from dissolving LG Chairmen until May 2022

Court restrains Makinde, 9th Assembly from dissolving LG Chairmen until May 2022

A Supreme Court of Oyo State, located in Ibadan, capital of the state, limited the Governor and the House of Assembly on Monday to suspend or dismiss the local presidents of government and elected presidents of the LCDA, the vice presidents and their advisers in the state.

Latestalert brought together some Chairmen of the council led by Mr. Bosun Ajuwon (President of Algon) who had approached the judge to ask the judge to limit the new Pd Seyi Makinde People’s Engineer (PDP) administration and the IX Assembly to suspend them.

Judge Aderonke Aderemi, in his ruling, argued that the permanence of the applicants who are the presidents of the Council was established by law in three years from the date of their election.

He added that the dissolution of the constitutionally elected presidents of the council was in conflict with the constitution of the Federal Republic of Nigeria in 1999.

In the lawsuit filed before the Superior Court of the State of Ibadan number 1/347/19, Judge Aderemi said that the governor, the attorney general, the local government commissioner, the general accountant, will seek the dissolution of the presidents of the councils elected The State, the President of the State House of Representatives and the Independent State Electoral Commission (OYSIEC) violated the constitutional provision of Section 7 (1) of the Constitution, thus nullifying the defendants’ request for its solution. .

While affirming that articles 7 (a) and 96 of the Local Government Act of the state laws Cap 78 of Oyo 2000 authorize the governor to dissolve areas of local government, they violate Article 7 (1) of the 1999 Constitution (according to the amendment). ) However, Judge Aderemi said that the violation of the section of the law that made the presidents of the councils unconstitutional dissolved before the expiration of his three-year term.

However, it has established that any law, order or directive empowering the governor of the state or any person to dissolve the councils of local authorities and the development areas of the local state council or eliminate any democratically elected person in a governing council. and area of ​​development The premises of the local council in the state whose mandate has not yet expired were in conflict with Section 7 (1) of the Constitution of the Federal Republic of Nigeria, 1999 and, therefore, unconstitutional.

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Aderemi said, “A declaration that by virtue of the combined effect of Section 7 (1) of the Constitution of the Federal Republic of Nigeria, 1999 (As amended) and the provisions of Section 16 of the Local Government Law of Oyo State, Cap 78 Laws of Oyo State, 2000, the 1st defendant have no power to dissolve the democratically elected councils of the 33 Local Government Councils Development Areas in Oyo State and/or suspend remove or replace the claimants with appointed caretaker committees before the end of their tenure in breach of the aforesaid constitutional and statutory provisions.”

“An order of perpetual injunction restraining the 1st defendant, his servants, agents, privies or any person whosoever from dissolving the 33 Local Government Councils and 35 Local Council Development Areas in Oyo State or removing, suspending, termination and or doing anything whatever to truncate the tenure of the claimants except in accordance with the Federal Republic of Nigeria, 1999 (As amended).

“An order of perpetual injunction restraining the defendants, their servants, agents, privies or any person whosoever from freezing the accounts of the 33 Local Government Councils and 35 Local Council Development Areas in Oyo State or doing anything to truncate the effective administration of the 33 Local Government Councils and 35 Local Council Development Areas of Oyo State.”

Aderemi further ruled that: “An order of perpetual injunction restraining the defendants, their servants, agents, privies or any person whosoever from withholding or diverting the allocations, funds and resources of the 33 Local Government Councils and 35 Local Council Development Areas in Oyo State or doing anything to truncate the effective administration of the 33 Local Government Councils and 35 Local Council Development Areas in Oyo State.”

“An order of perpetual injunction restraining the 6th defendant, its servants, agents, privies or any person whosoever from conducting election into the office of Chairmen and Councillors of all or any of 33 Local Government Councils and 35 Local Council Development Areas in Oyo State before the expiration of the 3 years term of the claimants due to lapse in May, 2022″