By Mumini AbdulKareem and Kayode Adeoti
A state High Court sitting in Ilorin, on Thursday has restricted the Kwara State Government from terminating the tenures of the 16 local government chairmen in the state.
The judgement which was delivered by Justice E.B Mohammed in suit numbered KWS/115/2019 has the Governor of Kwara State, Abdulrahman Abdulrazaq, Attorney General and Commissioner for Justice and the Kwara State House of Assembly as defendants.
In the judgement which was obtained by this reporter on Sunday, the court declared that the claimants represented by the 16 local government chairmen in Kwara State, having been duly and democratically elected for a-three year tenure, the defendants lack the right to dissolve the local councils before the expiration of the tenures without following due process.
Barr. Wahab Bamidele is the council for defendants.
According to the Judge, the tenures of the claimants in Kwara State are protected and guaranteed under the constitution of the Federal Republic of Nigeria and extant law.
It further added that the provision of section 18(5)(6)(7) and (8) of the Kwara State local government administration (amendment) law, 2006 which purported to empower or confer the first defendants (Governor) with the power to dissolve or suspend the democratically elected council chairmen and appoint caretaker committee or administrative officer to take over affairs of the councils is inconsistent with section 7(1) of the constitution.
The court therefore held that any such action is unconstitutional, invalid, ultra-vires, null and void and set aside any action to that regards.
Other parts of the 6 leg judgements include that: “the claimant reserve the right to remain in office as democratically elected chairmen up to 27th November 2020, when their tenures will expire in accordance with the law”.
An order of mandatory injunction was granted by the court “retraining the defendants jointly or severally, their servants, agents or privies however called from dissolving the council.
The court stopped the defendants or their privies from freezing the bank accounts of the sixteen local government chairmen in any of their respective banks otherwise than in accordance with the relevant constitutional and statutory provision.
There was also reference by the judge in the case of Supreme Court Judgment in Ekiti State titled “Ekiti State & Ors vs Olubunmo and 13 Ors (2016) 12 S.C (Pt 11) 1 at 35-43.
In their originating summons dated and filed 11 April, 2019, the claimants sought for the determination of five questions including whether their tenures as chairmen of the sixteen Kwara councils is not protected and guaranteed under the 1999 constitution as amended and the extant laws among others.
They alleged in their statement of fact that the 1st and 3rd defendants (Governor and House of Assembly) respectively, are threatening and concluding plans to dissolve their offices as a fall out of the 2019 general elections in Kwara State and blaming them for the poor performance of the claimants at the said elections.
The case was instituted during the tenure of the administration of former Governor Abdulfatah Ahmed in order to enforce the fundamental human rights of the council chairmen.
