By Kayode Adeoti
The Kwara State High Court, sitting in Ilorin, will today hear the suit filed by the 16 Local Government chairmen in the state challenging their suspended by Governor Abdulrahman Abdulrazaq.
This is coming on the heels of protest by the councillors affected by the action of the Governor.
Recall that this medium has reliably reported that the matter will be coming up for the first time before Justice E.B Muhammed of the state high court on 18th July, 2019.
Part of the court processes filed before the court by the counsel representing the council bosses, Wahab Bamidele, stated, “notice of consequence of disobedience to judgement/order of court was sighted by this medium last night signed by the court Registrar dated 19th June, 2019.
“…unless you obey the directions contained in the judgement and order herewith attached to this notice earlier served on you, you will be guilty of contempt of court and will be liable to be committed to prison,” the process revealed.
Governor Abdulrazaq and the state House of Assembly who are defendants in the suit were said to have been served the court processes.
Recall that the 16 council chairmen suspended over alleged misappropriation of N33billion filed contempt charges against the Governor and the state Assembly.
The state Chairman of the Association of Local Governments of Nigeria (ALGON), Mr Joshua Omokanye, while addressing journalists described their suspension as unconstitutional.
He said the Governor’s order was against the judgment of a state High Court delivered which barred him the Chief Executive of the state and House of Assembly from dissolving or suspending the local government chairmen who had up till November 2020 to complete their three-year tenure of office.
Omokanye, who is also the Chairman of Oyun Local Government Area, said, “Members of the public are being informed that there is a valid, subsisting and final judgement of the Kwara State High Court, Ilorin delivered on June 13, 2019 in suit No KWS/115/2019 between Hajia Risikat Opakunle and 15 others that determined that the Governor of Kwara State and House of Assembly cannot dissolve the local government councils in the state or suspend the 16 local government chairmen during the tenure of their respective offices that will expire on November 27, 2020.
“Furthermore, members of the public are also being informed that the judgment referred to also affirmed that the governor of Kwara State and members of the state House of Assembly cannot freeze the bank accounts of the 16 local government councils.
“Till date, the judgement of the Kwara State High Court has not been set aside, vacated or nullified by any court of competent jurisdiction in Nigeria, be it the High Court that delivered the judgment 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 or the state House of Assembly.”
Meanwhile, the state chapter of the Peoples Democratic Party had also kicked against the suspension.
In a statement signed by the state chairman, Engr. Kola Shittu, the party described the suspension as illegal and undemocratic.
The statement read, “The council chairmen were lawfully elected in 2017 by the people for a three-year tenure which will expire in 2020.
“Neither the governor nor the state House of Assembly has the power to suspend or sack them before the expiration of their administrations.
“The decision of the Kwara State House of Assembly to suspend the elected council chairmen, therefore, amounts to reckless disregard of court order, abuse of power and rape of democracy that must be resisted by all lovers of democracy.
The lawmaker had acted upon the recommendation following a resolution of the House after considering a petition written by one Seidu Aliyu and presented at the plenary.
The state governor however suspended the sixteen local government council executives and legislative committee.
