The actions of the Governor and the legislature have
received serious knocks from legal experts which include Senior
Advocate of Nigeria (SAN) and former lawmakers.
The Kwara State branch of the Nigerian Bar Association (NBA) while
reacting to the issue condemned the governor’s action.
In a telephone chat, the Chairman of the association, Barr. Muhammed
Idowu Akande stressed that the aggrieved members should approach the
court as a matter of importance to seek redress.
He said, “What happened was against the law, whenever government acted
like this, the aggrieved members should go to court. The position of
law is clear; there is a subsisting judgement which the government
must follow. We urge the government to obey rule of law. Power can
either be here or there, it could change tomorrow but we should always
strive to do what is just.
Similarly, Abeni Mohammed (SAN) in his response to the issue noted
that the governor might be starting his leadership as a lawless
governor if he is seen disobeying court orders.
“The local government chairmen were elected. They should go to court
to challenge the suspension immediately. You cannot remove elected
council chairmen without recourse to the people that elected them.
People here are very timid and don’t know how to follow the rule of
law.
“They shouldn’t waste time but proceed to court to restrain the
governor from suspending, dissolving or removing them as the case may
be pending the hearing of the suit they are going to file against the
Governor that they were duly elected and can only be removed by
another election. The law must prevail even if heaven falls and once
the court has been able to give that order and directives, the
Governor is bound to implement it otherwise he would be seen as a
lawless Governor who had started disobeying court orders. We should
not be pre-emptive, let them go and do the needful first by
challenging their suspension,” he added
In the same vein, the immediate former House Leader of the 8th
legislature, Hon Hassan Oyeleke said, “As a former opposition leader,
former chairman Public Account and one-time House Leader with about
eight years at the House of Assembly, the procedure of the suspension
was faulty abinitio and they did not consult the local government
Auditor General to confirm the issues with the account of the years
being talked about.
“The local government Auditor-General is the one empowered by law and
I think they should have even given the report to him which he had
already done during our time and the House has also looked at the
issue and we have given our reports. Now what are they talking about
again. I think there is ulterior motive behind the action which is
basically to get the PDP not to be part of the government. It is
unfortunate we have not really wise up in our democracy in Nigeria.
“I am aware that the chairmen have gotten court judgement which has
been served on the House and the state government, why are they not
appealing it which is even at a state court. Is it not a good example
when a government refused to appeal but have resulted to impunity?
His counterpart and Chairman of the Judiciary committee, Hon Kamal
Oyekunle Fagbemi on his part said the action was illegal.
“The action is illegal. Those who were citing the dissolution in Ogun
State have nothing to stand on because that was a caretaker committee
which is not recognised by the constitution and not a democratically
elected councils like what we have in Kwara.
“They said somebody wrote a petition but we all know the proceedings
in the House, when that is done, the petition is laid and a committee
is set up to look into it. It is after the report of the committee
that we now come out with position. But immediately they finished the
thing, one cabal in Ahmadu Bello way said he has suspended the local
government, how can he do that?
“We are in a very serious situation and only God can save us. Moreso,
the affected council chairmen had gone to court to restrict the
Governor or House of Assembly from any impending suspension and the
court had granted that.
“Considering the fact that section 287(3) of the constitution which
says the High court judgment is binding and the Supreme Court has
given a judgment in a similar fashion where they are supposed to have
learnt from in the case of Fayemi and Ekiti State council chairmen
recently. Honestly, I don’t know where we are heading to, but this is
a serious anarchy.
“Before, they were saying it was Saraki who owns Harmony Holdings,
Aviation College and Kwara Diagnostic Centre among others, but now
they said they have dissolved the Harmony board and 17 others, Is
Saraki no more the owner? They are misleading the people and I think
the press has a duty to let the people understand these issues,” he
submitted.
