…files contempt proceedings
By Mumini AbdulKareem and Kayode Adeoti
From the 16 Local Government Area bosses in Kwara State came a daring
move, yesterday, against Governor Abdulrahman Abdulrazaq as they
insisted they remain authentic chairmen of their respective councils.
The Governor had wielded the big stick on Tuesday suspending the
council bosses for six months following the recommendation of the
Kwara State House of Assembly over allegation of misappropriation of
funds. The suspension according to Abdulrazaq is to allow for thorough
investigation into the allegations.
The House resolution to suspend the chairmen followed the presentation
of a petition by the House Leader, Hon Abubakar Olawoyin Mogaji at the
floor written by one Seidu Aliyu of Isale Ajanaku in Ilorin alleging
misappropriation of over N33bn from the Federation Account and N5.2bn
Internally Generated Revenue (IGR), within the stipulated period,
without any commensurate development at the third tier of government
in the state.
It directed its Joint Committee on Local Government and Chieftaincy
Affairs and Ethics, Privileges and Judiciary to investigate the fund
accruable to the councils since November, 2017.
The Speaker, Engr. Yakubu Salihu Danladi directed the Joint Committee
to report back to the House by 10th July, 2019 and mandated the Clerk
to the House, Hajia Halimat Jummai Kperogi, to communicate the
resolutions of the House to the Governor for action.
The Governor same Tuesday later in the statement by his Chief Press
Secretary, Rafiu Ajakaye which was forwarded to National Pilot, relied
on “The resolution of the Kwara State House of Assembly dated on 18th
June, 2019, and Section 29 of the Kwara State Local Government Law
Cap. K33, 2006” for his action.
“I… hereby suspend the executive and legislative committees of all the
Sixteen (16) Local Government Areas in the state for a period of six
months or pending the outcome of the investigations into allegations
of misappropriation of public funds by the Kwara State House or
Assembly, whichever is earlier in time.
“The Constitution, on the other hand, empowers the House of Assembly
to investigate the local councils for alleged infraction and
corruption”, the statement added.
But on Wednesday, the council bosses dared the governor and insisted
that they remain in-charge of the councils until the expiration of
their tenure in 2020.
They noted that Governor Abdulrasaq and the state House of Assembly
lack the powers to dissolve the council under the law maintaining that
they were democratically elected into office by the people.
While rejecting the suspension, ALGON Chairman, Adekanye Joshua who
was flanked by other 15 council chairmen, at a press conference in
Ilorin, described the governor and the legislators’ action as
“unconstitutional, null and void and abuse of office.”
He said, The Governor should obey the subsisting judgement of the
Kwara State High Court, Ilorin, delivered on 13th June, 2019 in suit
No. KWS/115/2019 between Hajia Risikat Opakunle and 15 others Vs.
Governor of Kwara State & 2 others.
According to him, “Members of the public are also being informed that
the judgement referred to also affirmed that the Governor of Kwara
State and members of the House cannot freeze the bank accounts of the
16 councils.
“Till date, the judgement of the Kwara State High Court delivered on
the 13-06-2019 has not been set aside, vacated or nullified by any
court of competent jurisdiction in Nigeria, be it the High Court that
delivered the judgement or Court of Appeal and it is not to our
knowledge that any appeal has been lodged before any Court of Appeal
by the Governor of Kwara State or Kwara State House of Assembly. ”
“We therefore want to state categorically that we remain the authentic
and legitimate local government chairmen for the 16 council areas in
Kwara State, the action of the Governor and the House of Assembly
cannot stand in the face of the constitution and subsisting judgement
of the state high court.
Also, in order to enforce the subsisting judgement, the council bosses
through the Chambers of Wahab Bamidele & Co, yesterday, filed contempt
of proceedings against the Governor, Attorney General and Commissioner
for Justice as well as the House of Assembly.
They said the court of law must compel the trio to respect court
judgement and also avoid the breakdown of law and order.
