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LG Caretaker Committee: PDP, Makinde Cannot Continue In Impunity – Oyo ALGON 

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On illegal dissolution of Councils and State Independent Electoral Commissions,The Supreme Court recently held in *Oni & Ors V Governor of Ekiti State & Anor (2019) 5NWLR Part 1664, Pg 1@27* that:

“The tenure of the Governor of a State under the 1999 constitution, as well as that of the legislature is 4 years. However, the constitution grants members of a State Independent Electoral Commission a tenure of 5 years. *It ought not to escape attention that the deliberate purpose of the constitution is to create an Electoral Commission, the lifespan of which exceeds those of both the Governor and the State Legislature. This is done with the view to create continuity and stability in the electoral process and governance. The same is done in relation to the State Civil Service Commission, and the State Judicial Service Commission. It is not the intendment of the constitution that the membership of the Commissions should change with the fortunes of the political parties in a state* ”

This emphatic pronouncement of the Supreme Court remains the law of our land, but it seems our Governor is fabricating his own law to contradict and despise our Supreme Court. The first action of the Governor upon being sworn in was to dissolve elected Local Government Councils, dissolve all statutory Commissions including OYSIEC, Civil Service Commission and Judicial Service Commission, among many others contrary to all existing laws. Is this the PDP interpretation of their obedience to the rule of law,.. by despising the Supreme Court and yet threatening to carry out more impunity? The PDP in a disingenuous attempt to justify illegality keep shooting themselves in the foot. While on one hand seeking to invalidate the Local Government elections on grounds that it was conduted in defiance of a non-existent court injunction, they claim to invalidate the election also by reason that it was conducted into both LGs and LCDAs. Such foolery calls one to ask them the question that if PDP claims to nullify by their “militarized decree” a valid election on the ground that it was held in 68 LGs and LCDAs (which they falsely claim is unconstitutional) rather than just 33 LGs, will it not be a fallacy for the same Governor to now be trying to illegally appoint caretakers to the LCDAs they claim elections ought not to have been conducted? If their claim is that LCDAs are unconstitutional, why dont they then cancel the LCDAs totally then if they are unconstitutional? Can they also appoint Caretaker Heads to the same allegedly unconstitutional LCDA they claim elections cannot be held? More importantly, has any court in Nigeria at any level declared any elected LCDA leadership in other states unconstitutional? The more questions we ask, the more their rascality becomes apparent. It is sad that for selfish and crude partisanship, this government applies selective interpretation to the same constitution it swore to uphold. Does it mean that what they claim is unconstitutional for APC will suddenly become constitutional for PDP? Such is the one chance bus parked in Agodi now.

Interestingly at a recent outing by the Governor, while addressing members of the legal profession, he promised to abide by the laws of our land and obey the courts. Except this is a rethink of his position perhaps realizing he was speaking to a body of lawyers, the reality on ground is that the Governor has acted in total opposite of what he said and continues to threaten more disobedience to the courts. Today there is no law in Oyo State providing Caretaker appointments over Local Governments and any such act by the Governor or the House of Assembly is pure illegality. Further, the Supreme Court and the Oyo State High Court judgments have clearly set aside the regime of Caretakers, illegal dissolution of Councils and hostile takeovers of Local Councils by any sitting Governor. Is this the legacy this administration now seeks to bequeath on the state?

They take glee in referring to the former Governor Ajimobi as “Constituted Authority”, yet this incumbent Governor carries on with an “Unconstitutional Authority”, acting illegally, with his party the PDP, dancing on the shallow grave they have dug to bury our hard fought democracy, and our constitution. The Chief of Staff to the Governor, Chief Bisi Ilaka recently claimed the proposed Caretakers will only be ‘for a short while’. What a laughable admission of guilt. So to him, their short term illegality is preferred by this government to a tenured constitutional term provided elected Chairmen under our laws?…such a shame coming from the people we call leaders to defend our constitution. Let the usurpers note that under the NFIU financial guidelines issued on management of Local Government funds, a Caretaker Head (not being an elected Chairman, especially where a court has even declared such illegal as in Oyo State) is not constitutionally empowered to approve and deal with Council funds and any such proposed nominee shall face the whip of the law accordingly.

It was President John Kennedy that said at a time of great disregard for law and court orders in his country, in 1962 that:
“.. *in a government of laws and not of men, no man, however prominent or powerful, and no mob however unruly or boisterous, is entitled to defy a court of law. If this country should ever reach the point where any man or group of men by force or threat of force could long defy the commands of our court and our Constitution, then no law would stand free from doubt, no judge would be sure of his writ, and no citizen would be safe from his neighbors* .” Let the Governor’s public speak align with his demostrated action. Acting contrary to a public claim of abiding with the rule of law,while continuing to act in disobedience to court judgments is being a hypocrite.

As recently as last week, the Supreme Court again reiterated their position that Caretakers are an anomaly and an unconstitutional illegality. The court described as “ *executive recklessness* ” the now rampant acts of governors dissolving democratically-elected local government councils in their states and replacing them with Caretaker Committees.

The court also nullified the provisions of the laws enacted by States’ Houses of Assembly empowering Governors to carry out such dissolution and replacing them with Caretaker Committees.

This is regrettably the anarchy the Governor and House of Assembly want to unleash on us. We sound a note of warning on the Speaker and members of the Oyo State House of Assembly, the Attorney General of Oyo State (whose responsibility it is to properly advise and guide the government), and other state functionaries to cease and desist from their direct disobedience to an extant judgement of the Oyo State High court declaring Caretakers illegal and restraining the government from appointing any such Caretakers, even if the Governor is foisting the illegality on them because he has immunity under the law. We shall not fail to, among other legal steps we shall take, cite for contempt the Attorney General, members of the House, nominee Caretakers and any officer that carries out or conspires with the Governor to undermine the jurisdiction of our courts. We will continue to stand on the side of the law and with the Supreme Court in defending our constitution as decided in the cases quoted above. We remain resolute on the side of a permanent change in Oyo State from brigandage to constitutionality.

 

 

Prince Ayodeji Abass-Aleshinloye
ALGON Chairman, Oyo State Chapter

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Politics

Adeleke: I Had No Electoral Deal With ADC

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OSUN State Governor, Ademola Adeleke, has denied having any electoral agreement or partnership with the African Democratic Congress before, during or after the August 15 governorship election.

Adeleke made the clarification on Tuesday in a post on his verified X handle, saying his victory was achieved through the support of God and the people of Osun State.

The governor said the ADC was not part of the political coalition that campaigned and mobilised support for his re-election, describing the group of political allies that worked for his victory as a “rainbow coalition.”

He said, “I had no electoral deal or partnership with the ADC before, during, or after the governorship election.”

Adeleke added that it was important to put the record straight, stressing that the ADC was not part of the coalition that campaigned and mobilised support for his re-election.

“For the sake of history, it is important to clarify that the ADC was never part of the rainbow coalition that canvassed, mobilised, and supported our campaign in the battle leading to last Saturday’s election,” he said.

The governor thanked his political allies for their sacrifices and efforts during the campaign, noting that their commitment contributed to his victory at the poll.

Adeleke, who called for unity after the election, said he remained governor of all Osun residents regardless of their political affiliation, religion or tribe.

“Now that the election is over, I remain the Governor of all Osun people, irrespective of political affiliation, religion, or tribe. My commitment is to unite our people and continue working for the progress and prosperity of Osun State,” he said.

Adeleke defeated the All Progressives Congress candidate, Bola Oyebamiji, and the ADC candidate, Najeem Salaam, in the keenly contested election.

The governor polled 511,067 votes to defeat Oyebamiji, who scored 444,815 votes, while Salaam secured 17,180 votes.

Adeleke won in 19 of the 30 local government areas in the state, while Oyebamiji won the remaining 11.

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Adeleke Reaffirms Tinubu Endorsement After Osun Victory

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Osun State Governor Ademola Adeleke has renewed his endorsement of President Bola Tinubu for a second term in 2027, barely hours after he was declared winner of Saturday’s governorship election.

Adeleke, who secured a second term in office, also commended Tinubu for what he described as his support for a free, fair and credible electoral process.

The governor spoke in Osogbo on Sunday while reacting to his victory, which he dedicated to the people of Osun State.

“At this point, I must deeply appreciate Mr President, His Excellency Senator Bola Ahmed Tinubu, for his strong support for a free and fair election,” Adeleke said.

“Mr President is a son of Osun State. And I hereby reaffirm my earlier endorsement of him for a second term in the 2027 presidential election.”

Adeleke thanked the people of the state for standing by him, saying their resilience and commitment to democracy had helped to produce the outcome of the election.

“In the last few months, Osun people have been under very intense pressure. Today, the issues are settled by the grace of God and the people.

“I therefore dedicate this victory to the good people of Osun State. I deeply appreciate your resilience, your strong will and your unwavering commitment to democracy,” he said.

The governor promised not to disappoint the electorate, saying his administration would build on its achievements and address areas where it had fallen short.

“As you have trusted me again for the second term in office, I will not disappoint you. To serve you better, I will reinforce my strong points and correct my errors,” Adeleke stated.

He also pledged to pursue accelerated development across the state under his renewed five-point agenda.

The Independent National Electoral Commission declared Adeleke the winner of the election in the early hours of Sunday.

The Returning Officer, Prof. Joshua Ogunwole, announced in Osogbo that Adeleke polled 511,067 votes to defeat the All Progressives Congress candidate, Bola Oyebamiji, who scored 444,815 votes.

The candidate of the African Democratic Congress, Najeem Salaam, came third with 17,180 votes.

A total of 1,005,800 votes were cast across the 30 local government areas of the state, while 985,079 votes were declared valid.

INEC said 1,010,684 voters were accredited for the election, which was contested by candidates of 15 political parties.

Adeleke’s victory secures another four-year term for him and further strengthens his political position in Osun ahead of the 2027 general elections.

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Tinubu tasks INEC, security agencies on credible Osun election

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President Bola Tinubu has charged the Independent National Electoral Commission and security agencies to ensure a peaceful, transparent and credible governorship election in Osun State.

Tinubu made the call in a statement issued on Friday by his Special Adviser on Information and Strategy, Bayo Onanuga, ahead of Saturday’s poll.

The President urged INEC to uphold the integrity of the electoral process and ensure that voters are allowed to freely choose their preferred candidate.

“As the people of Osun State head to the polling units to elect who will govern them in the next four years, I call on the Independent National Electoral Commission to ensure orderly conduct of the election.

“The election must be transparent, free and fair. I urge INEC to ensure the integrity of the process,” he said.

Tinubu also urged the electoral commission to use the Osun election as an opportunity to demonstrate its preparedness for the 2027 general elections.

“INEC must use this last off-cycle election as a test case to demonstrate to Nigerians their full preparedness for the 2027 polls,” the President added.

The President also charged the Inspector-General of Police, Tunji Disu, and other security chiefs deployed for the election to provide adequate security at polling units and prevent attempts to disrupt the exercise.

“I have charged the Inspector-General of Police and other heads of security outfits taking part in the election to provide maximum security at polling units. No room should be allowed for troublemakers to disrupt the process,” Tinubu said.

He stressed the need to protect voters and electoral officials, urging residents to participate in the election without fear or intimidation.

“Electoral officials and voters must be protected so they can perform their civic duties without fear or intimidation. Voters should feel confident to go out in their numbers to vote for the candidate of their choice, as all measures necessary to ensure a peaceful, free and fair election have been put in place.

“Our elections must be credible, and the outcome of the Osun Governorship election must reflect the will of the people,” he said.

Tinubu further urged voters to exercise their civic responsibility peacefully and avoid actions capable of undermining the conduct of the election.

More than 25,000 security personnel have been deployed across the state for the poll, while INEC has said preparations are on course.

With 15 candidates on the ballot, the election is expected to be keenly contested as voters across the state’s 30 local government areas elect a governor for the next four years.

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