From the Court

Kwara LG Suspension:  Yinka Dallas, Omodara, others’  to know fate, today

 

Stories by Kayode Adeoti

The Kwara State High Court will today, determine the fate of four
council chairmen who pursued legal suit against the State Government
over their suspension from office.
Recall that early in 2019, the sixteen (16) council chairmen across
the state were suspended by Governor Abdulrahman Abdulrazaq following
the recommendation of the state House of Assembly over the allegation
of misappropriation of N33 billion.
While the council bosses dragged the state governor, Attorney General
and Commissioner for Justice among others to court, Comrade Yinka
Dallas Ayeni of Ekiti Local Government Area, his Irepodun counterpart,
Hon Muyiwa Oladipupo better known as Kanu, Aminat Omodara of Ilorin
West and Engr. Abdulmumini Lah (Ilorin East) proceeded with the matter
after 12 of them withdrew involvement and settled for what many
stakeholders described as ‘political solution’.
After four months legal battle, the trial judge, Justice E. B
Muhammed will however deliver judgement over the matter.
The court will determine whether the matter should be struck out or not.
The LG bosses had approached court claiming there is a subsisting
judgement that stated that they cannot be suspended from office until
after the expiration of their tenure.
The LG chairmen, through their legal representative, Abdulwahab
Bamidele had asked court to compel the state government to obey court
order and reinstate the suspended council bosses.
It would be recall that a similar case was filed before Justice Hammed
Gegele who delivered judgement in favour of the state government.
The court posited that the claimants lack the constitutional power to
institute any legal action against the present administration.
Gegele in his judgement also added that the House of Assembly,
according to the constitution can recommend suspension of the chairmen
as the nation’s constitution empowers the lawmakers to investigate and
expose corruption.
Meanwhile, the four suspended chairmen have vowed to seek redress at
the Court of Appeal over the judgement.
Dallas, in his reaction to the verdict, said, “We wish to state that
we will not relent in seeking justice on the illegal suspension. We
shall stick by the initial judgement and seek redress on this,” he
said.
Among the many declarations sought by the council bosses was that they
were duly and democratically elected into offices as chairmen of their
respective councils in Kwara State for a term of three years
commencing from 28th November, 2017.“A declaration that the tenure of
the offices of the claimants as chairmen of the 16 councils in Kwara
State are protected and guaranteed under the constitution of the
Federal Republic of Nigeria, 1999 (as amended) and extant law.
“A declaration that the provisions of the Kwara State Local Government
(Amended) law, 2006 are null and void and of no effect for being in
conflict with section 7(1) of the constitution of the Federal Republic
of Nigeria, 1999 (as amended) guaranteeing the existence of
democratically elected Local Government councils in Nigeria.”

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