The Attorney General and Commissioner for Justice in Oyo State, Professor Oyelowo Oyewo, on Monday, stated that the intervention of the Attorney General of the Federation and Minister of Justice, Abubakar Malami, on the dissolution of local government leadership in Oyo State was selective and came about as a result of lack of proper briefing on the issue.
Oyewo, who stated this while appearing on a Channels TV programme, “Sunrise Daily”, said the dissolved council chairmen were not properly constituted, having emerged from an election that was held in disobedience to an existing court order.
He said: “If he [AGF] were to be aware of the fact that the matter was sub judice, probably he would not have taken such wanton, liberal interpretation of his powers. His powers are guided by law, by the Constitution of the land and as interpreted by the court.”
Oyewo, a professor of Law and former Dean of the Faculty of Law, University of Lagos, added that the AGF lacked the power at large to enforce judgment without going through the process of the enforcement of judgment in compliance with the rules of the court that gave the judgment.
He added that Malami’s actions were partisan and not based on the Constitution, noting that though many APC-controlled states were operating Caretaker Committees and had dissolved elected local government leadership, policemen have not been sent to enforce “anybody’s rights as it were.”
Oyewo stated that though his office was not served with the AGF’s later dated 14th January, 2020 and that the letter only came to its notice on 22nd January, 2020, due to the seriousness of the letter, it penned a rejoinder to the AGF in which it made the following facts clear.
“One; there is no such Supreme Court judgment against Oyo State. Two, the Attorney General of the Federation does not have power, at large, to be enforcing judgment without going through the process of enforcement of the judgment in compliance with the rules of the court that gave the judgment.
“As if that was not alarming enough, a letter was written through the Inspector General of Police giving a direction that was supposed to be given to the chairman of APC in Oyo State and the chairman of ALGON to, as it was, reinstate local government and LCDA chairmen who have a matter in court against the Oyo State government. And the matter at that time was, and still is, at the court of Appeal.
“We wrote this to bring to the attention of the Inspector General of Police and, at the same time, we took steps before the proper forum for it to be decided, which is before the court, and that seemed to have untamed the ravaging effort of the Police and the people that they were trying to use.
“As you have heard, there was violence and all that, but carefully an ex parte order was granted against any further action of such parties without any court order that is emanating to give priority to the AGF or the Inspector General of Police to take those actions.”
According to Oyewo, the AGF’s actions were clearly not based on law or the Constitution of the land but purely partisan.
He further said: “Basically, the Attorney General of the Federation will have his reasons but they are not based on the Constitution. They are not based on law, because it [the action] was so partisan. You do not write a letter to the chairman of a party in a state directing the Governor to review. We run a federal system of government. If there is anything, and this has been settled by the Supreme Court, even under the regime of President [Olusegun] Obasanjo, where there was a dispute as to the creation of local governments and the government withheld the funds of Lagos State, the Supreme Court came out. If you have such issues you go to court and that was what we have done.”
Responding to the question on whether Governor Makinde had the powers to dissolve elected local governments chairmen, Prof. Oyewo noted that the election that brought the chairmen in was null and void, as it was conducted against an existing court order, which invalidated the constitution of the Oyo State Independent Electoral Commission.
