The controversy generated by the sack of chairmen of local government areas and local council development authorities in Oyo state is far from abating, as the ruling Peoples Democratic Party(PDP) and the opposition All Progressives Congress (APC) engage each other in a war of words.
This is coming as the erstwhile council chairmen insisted on returning to their duty posts.
The federal government, through the Attorney General of the Federation and Minister of Justice Abubakar Malami, SAN, directed Governor Seyi Makinde to reinstate the sacked LG and LCDA chiefs.
Faulting the governor’s position in a statement Tuesday, the state chapter of the APC advised Governor Makinde to respect the rule of law and allow and reinstate the sacked council chairs.
In the statement signed by the party’s assistant publicity secretary, Prince Ayobami Adejumo, the APC accused the PDP administration in the state of being “bent on bringing the third tier of government down on its knees for no just reasons than dirty politicking.”
“It is unfortunate that the Pacesetter State had to be in the news again for the wrong reasons despite spirited efforts from various stakeholders who pleaded with the governor to toe the line of rationality and constitution by allowing council officials, who had been in office a year before him, serve out their three-year term. But he preferred governance at the grassroots level to be grounded to a halt than work with members of other political parties apart from his own PDP.” it said.
“With this latest development, we have been made to know that Nigeria is still blessed with competent, dutiful and courageous individuals who are ready to act right in any situation. The Minister of Justice has just demonstrated the zeal to safeguard constitutional democracy and the sanctity of the Court since the nation’s Supreme Court had also given a verdict that no state governor or state House of Assembly has the power to sack elected council officials before the expiration of their tenure.
“It is only a politically naive person that would misinterpret the intervention of the nation’s Chief Law Officer or encourage Governor Makinde to waste any time further to comply and allow peace to reign in the state. There should not be a question of party affiliation where good governance is prioritised and it is on this note we are calling on the concerned council officials to cooperate with the governor,” the party added.
It said: “On our part as a progressive party, we want the elected council officials to hit the ground running again. We are not oblivious of the fact that the grassroots has suffered tremendously in the last eight months and it is now imperative for the reinstated officials to do the needful in their respective local government areas or local council development areas as soon as they return to office any moment from now.
“Now that the Presidency has performed to expectations by putting relevant stakeholders on notice, it is important for the PDP government of Engr. Makinde to join hands with all security agencies to ensure peaceful takeover of general administration of all the 33 LGAs and 35 LCDAs across the state while they are put on their toes to deliver good governance as desired by all and sundry.”
PDP
But the state chapter of the PDP has kicked against the AGF’s directive; it said the order was unexpected of the number one legal officer of the federation.
In a statement by its spokesperson, Akeem Olatunji, the PDP said the constitution did not empower the president or his agents to withhold funds due to a federating unit or even the National Judicial Council (NJC).
“Rather than poke nose into the internal affairs of Oyo State, Mr Abubakar Malami should be more concerned about Federal Government’s various disregard of judiciary pronouncements and lack of respect for rule of law.
“Nigeria as a federation is governed by constitution not by a decree fiat and it’s not anybody’s fault that the drafters of Nigerian Constitution put the control, legislation and supervision of the local governments under the purview of the State governments through the various State House of Assemblies.
“What the present Attorney General of the Federation, Malam Abubakar Malami, and his APC cohorts are trying to achieve is purely 2023 political agenda similar to attempt by former Attorney-General, Mr. Akin Olujimi, SAN, to stop federal allocations meant for Lagos State through executive fiat.
“I want to reiterate that nowhere in the 1999 Constitution is the President or his agents given the power to withhold funds due to States or Local Government Councils or even the National Judicial Council by virtue of the provision of Section 162 subsection (9) thereof. In other words, the President has no supervisory power over the state and the local government councils.
“Nigeria as a country is practicing federalism, not a unitary system of government, hence the needs for separation of power and avoid ridiculous action that can jeopardize the image of Nigeria within the comity of Nations.
“What the present Attorney-General of the Federation, Malam Abubakar Malami, and his APC cohorts are trying to achieve is purely 2023 political agenda similar to attempt by former Attorney-General, Mr. Akin Olujimi, SAN, to stop Federal allocations meant for Lagos State through executive fiat,” the party said.
Sacked chairs insist on going back
In the midst of all this, the sacked council chiefs said they must be reinstated, describing the governor’s action as illegal.
Speaking under the aegis of the Association of Local Government of Nigeria (ALGON) Tuesday, they asked the governor to allow them resume immediately.
In a statement by its state chairman, Prince Ayodeji Abass- Aleshinloye, ALGON said they were ready “to resume immediately as Democratically Elected Local Government Councils chairmen in obedience to the judgement of the Supreme Court and other Courts.”
In the statement, the chairmen urged Governor Makinde not to entertain any fear concerning their planned resumption of office any moment from now.
“His Excellency, Gov. Makinde has nothing to fear since we have no personal grudge against him or any official of his government beyond our principled stand that the constitution, rule of law and Supreme Court judgement which has a national jurisdiction must be obeyed at all times.
“We are fully aware of the letter the Attorney General of the Federation, Mr. Abubakar Malami (SAN), sent to the Oyo State Government through the Office of the State Attorney General, and Commissioner for Justice, calling the attention of Oyo State Government to its illegal and unconstititional act of dissolving democratically elected local government administration in the state.”
In the letter, ALGON said: “The AGF subsequently called for restoration of the democratically elected third tier government in the state that Gov. Seyi Makinde had illegally replaced with an unconstitutional contraption called “caretaker committee” which is unelected and therefore unknown to law and in flagrant disregard of Section 7 (1) of the 1999 Constitution (as amended),” saying, “the AGF sited and relied on several subsisting court judgements including Supreme Court which is highest court in the country and which judgement is Law.”
