Oyo State Chapter of the Association of Local Government of Nigeria, ALGON has rejected the judgment of the appeal court sitting in Ibadan on the dissolution of democratically elected local government councils administration in Oyo state.
This is contained in a press statement made available to OYOMIND.COM.NG by the Chairman of the association, Prince Abass Alesinloye.
The Appeal Court sitting in Ibadan on Wednesday, 15th July 2020 held that Oyo ALGON was speculative and that the Oyo State’s case is distinguishable from the Ekiti state’s case.
OYOMIND.COM.NG also recalled that the Oyo State Governor, Engineer Seyi Makinde through his Chief of Staff, Chief Bisi Ilaka had dissolved the elected council administration on May 29th, 2019.
According to Alesinloye, Oyo ALGON will proceed to the Supreme Court to appeal against the judgment because the association believed that the course of justice is not served because there was no consideration of hard facts on the issue and the valid points of law.
He said “With due respect 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, 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 is not served because the crux of the judgment was a subtle hibernation in legal technicality without due consideration of the hard facts of the issues and the valid points of law.
“Upholding the appeal by Oyo State Government because, in their opinion, the previous Oyo State High Court judgment (perpetual injunction) procured by elected chairmen and councilors in 2019 given by Justice Aderemi after a duly conducted election was “speculative” veered off from the facts of the matter which should have been considered.
“If their Lordships opined that the perpetual injunction against disolution that we got last year was speculative, the question to ask is: was the local government election held in accordance with the Oyo State electoral law after a high court had discharged the initial injunction on the conduct of the election also speculative? Was the mandate freely given by the people also speculative? Answers to these valid questions on point of law cannot and must be yes but NO.
“It is trite in law that governors or state assemblies cannot dissolve elected local government just like federal cannot dissolve state government. This position had been reinforced many times by the Supreme Court, the ultimate court of law which has the force of the constitution as whose judgment applies to everyone and courts.
“What the appellate court has done by this judgment was to have revised the Supreme Court judgment and technically returned the illegal power of dissolution of local government to the governors in Nigeria through the back door. This is dangerous and a setback to democracy and rule of law.
“We humbly reject the judgment and we shall proceed to the Supreme Court for a review. Our lawyers have been informed to take the necessary action.
“As elected chairmen and councilors, we will continue to defend democracy and our freely given mandate legally and peacefully until justice is done and seen to be done.”
