LG Dissolution: ‘Malami Lacks Constitutional Power to Assist Sacked Chairmen In Foisting Illegality’ – Oyo PDP

Oyo State chapter of the Peoples Democratic Party  (PDP) on Tuesday described the letter sent  by the Attorney General of the Federation and  Minister of Justice, Abubakar Malami to Governor Seyi  Makinde as unexpected of the number one legal officer of the Federation.

Malami had last week sent a letter to all the governors in Nigeria, including Governor Makinde through the States Attorney General and Commissioner for Justice directing them to reverse the dissolution of elected  local government administration in their various States.

The AGF further added that in view of the decision of the Supreme Court on the matter that is binding on all 36 States of the Federation, “ the common practice by some State Governors in dissolving elected local government councils is unconstitutional, null and void. So also any system of local government run by Caretaker Committee are outrightly illegal and unconstitutional”.

But, in a statement signed by its Publicity Secretary, Engr Akeem Olatunji in Ibadan, the state capital and made available to Mega Icon Magazine said “rather than poke nose into the internal affairs of Oyo State, Malami should be more concerned about Federal Government’s various disregard of judiciary pronouncements and lack of respect for rule of law”.

According to Olatunji, “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”.

The PDP also alleged that  the AGF, Mr Abubakar Malami, and his APC cohorts are trying to achieve purely 2023 political agenda, which according to him,  similar to attempt by former Attorney General, Mr Akin Olujimi, SAN, to stop Federal allocations meant for Lagos State through executive fiat.

The statement further reads, : “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 practising 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.

“Furthermore, the Supreme Court judgement delivered by Justice Muhammadu Lawal Uwais, CJN, on 10th of December 2004 stated clearly that pursuant to section 162 (5) of the Constitution; if the President or any of his agents has any grievances or whatsoever with any tier of government, he should go to court.

“Oyo State PDP as the ruling party is advising APC in Oyo State to look for their savior elsewhere as Mr Abubakar Malami is not constitutional empowered to assist them in foisting illegality on the good people of Oyo State at the grassroots level.

“Hence, the Caretaker Chairmen across the 33 Local Councils and 35 LCDAs are enjoined to face the herculean task before them and disregard the former illegal Chairmen who are merely seeking attention”, the statement added.