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LG Dissolution: Malami’s letter not served on us – Oyo AG reacts
The Government of Oyo State has rejected the purported intervention of the Attorney-General of the Federation (AGF) & Minister of Justice, Abubakar Malami (SAN) in the raging controversy over local government dissolution in the state.
Attorney-General of the state, Professor Oyelowo Oyewo, in a four-page response to a letter by the AGF, said that though the AGF did not submit the said letter to his office, he had to source the same from the social media in view of the weighty nature of the issues.
According to Prof. Oyewo, the AGF has no business dabbling into the matter of local government dissolution in Oyo State which is pending before the Court of Appeal.
A statement by the Chief Press Secretary to Governor Seyi Makinde, Mr. Taiwo Adisa indicated on Thursday, that the statement credited to Malami was uncalled for, misguided and lacking in merit, as far as the constitution of Nigeria is concerned.
The Government of Oyo State maintained that Malami’s letter dated 14 January, 2020, was written without adequate information and knowledge of the current position of the subject matter of dissolution of local government in the State.
According to the statement, the issue of local government dissolution in Oyo state is a subject of stay/appeal that is pending before the Court of Appeal in two cases including Governor of Oyo State Vs Basorun Bosun Ajuwon, Appeal no CA/IB/300/2019 and Basorun Majeed Bosun Ajuwon Vs Governor of Oyo State CA/IB/362/2019.
“It is also instructive to note that parties have filed their respective briefs of argument and the appeals have now been fixed for the 19th of February, 2020,” the statement reads.
The Attorney-General and Commissioner of Justice in Oyo State equally declared that only the court and not the AGF could pronounce an order on the matter, which was sub judice.
The Government called on Malami to rise above partisan politics and advise parties to await judgment of the court in the various appeals.
The Government added that the Constitution of the country had empowered States to ensure the existence and functioning of local governments, noting that it was not aware of any Act of the National Assembly that empowered the AGF to write the letter in which he purportedly barked orders at the State Government.
In the rejoinder entitled “RE: ALLEGED UNCONSTITUTIONALITY OF DISSOLUTION OF ELECTED LOCAL GOVERNMENT COUNCILS AND APPOINTMENT OF CARETAKER COMMITTEES: THE URGENT NEED FOR COMPLIANCE WITH EXTANT JUDICIAL DECISIONS,” Professor Oyewo said: “I wish to note that your letter Ref. No, HAGF/OYO/2020/Vol.1/1 of 14th January, 2020 dealing with the above subject matter was never served on us, but we read about it and had to secure a copy from the social media.
“I must note that under Section 7(1) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) which you referred to in your letter, it is the Law of the State Government that is to ensure the existence of the system of Local Government by democratically elected Local Government Council by providing for the establishment, structure, composition, finance and functions of such councils and not a Federal Law/Act.
“It is therefore not clear under what Act of the National Assembly the office of the Attorney-General of the Federation & Minister of Justice was acting in writing the letter under reference.
“It should be borne in mind that our Constitution has established a Federal system of government whereby the state government is not under the command of the Federal Government, neither are we under Military Era when the Federal Government could give a binding order to the State Government by mere proclamation and at will. We are now in a civilian dispensation and the position of every officer whether at the Federal or State level is guided by the provisions of the Constitution and relevant law.”
The Oyo AG referred the AGF to two cases including Attorney-General Lagos Vs Attorney-General Federation (2004) 18 N.W.LR (PT.S 904)II and Attorney General Abia Vs Attorney-General Federation(2002) 6 N.W.L.R (PT. 763)264.
The letter continued: “We are of the firm belief that your letter under reference was written without adequate information and knowledge of the current position with respect to the subject matter of Local Government Dissolution in Oyo State. A careful diligent search would have shown that the issue of Dissolution of Local Government in Oyo is presently a subject matter of stay/appeal and pending at the Court of Appeal in the following cases; a.) Governor of Oyo State vs Basorun Bosun Ajuwon Appeal NO CA/IB/300/2019 and b.) Basorun Majeed Bosun Ajuwon vs Governor of Oyo State CA/IB/362/2019.”
The Government of Oyo State, however, took exception to perceived threats by Malami, especially his directive to some federal agencies to “ensure compliance,” noting that until the constitutional right of appeal, which is guaranteed in the country’s adjudicatory system, is exhausted, Malami had no right to dabble in the matter of the local government dissolution or threaten the State.
“We, therefore, want to advise the Attorney-General of the Federation to rise above partisan politics and advise parties to await judgment of the court in the various appeals. To do otherwise is to foist a fait accompli on the court.
As a law-abiding Government, we are prepared to abide by the decision of the court when eventually delivered. We are, however, unperturbed by the subtle threat in your letter and your directives to take steps to ensure compliance of a cited judgment in which Oyo State was never a party and on a live matter in which an appeal is pending.
“For the avoidance of doubt, please note further that in Oyo State, the issue of Local Government administration is presently before the court of competent jurisdiction and by our adjudicatory system, whoever is aggrieved by the decision of a court has the constitutional right of appeal. Until such right is exhausted, the Attorney-General of the Federation & Minister of Justice cannot dabble into such matter. We are aware of the provisions of Section 174 (1) to (3) of the CFRN, 1999 (as amended) but they only relate to criminal proceedings and not civil matters as in this case. The action of the Attorney-General of the Federation & Minister of Justice is therefore uncalled for with respect to a matter that is sub judice. It is only a court of law that can given such an order and not the office of the Attorney-General & Minister of Justice. All the cases referred to in your letter mentioned above are not on all fours with the present cases involving Oyo State because the facts are not the same. A case is an authority for what it decides.
“It will therefore be in interest of justice to allow the rule of law to prevail by letting the pending cases involving Oyo State on the dissolution of Local Governments in Oyo State to run their full course in the law courts.”
Leaders and stakeholders of the All Progressives Congress (APC) in Oyo South Senatorial District have endorsed a member of the House of Representatives, Aderemi Oseni, as their consensus candidate for the 2027 senatorial election.
The endorsement was announced on Wednesday at a stakeholders’ meeting held at Alice Hall, Ibadan, with party leaders, stakeholders, local government chairmen and state executive members from the nine local government areas in attendance.
The councils represented at the meeting are Ibadan North, Ibadan North-East, Ibadan North-West, Ibadan South-East, Ibadan South-West, Ibarapa Central, Ibarapa East, Ibarapa North and Ido.
The stakeholders expressed satisfaction with Oseni’s aspiration, describing it as timely, credible and anchored on tested leadership and grassroots appeal.
Those present at the meeting included Chief Timothy Jolaoso (Ibarapa East); Alhaji Kamorudeen Ajisafe (Ido); Chief Abdulrauf Bello (Ido); Alhaji Muili Oluokun (Ibadan North-West); Alhaji Mufutau Adisa (Ibadan South-East); Alhaji Bello Oladeji (Ibadan North); Prince Gbade Lana (Ibadan North-East); Engr. Olatunji (Ibadan South-West); Comrade Wale Gbadamosi (Ibarapa North); and Alhaja Moji Adetona (Ibarapa Central).
Other party officials in attendance were the senatorial chairman, Alhaji Mojeed Adebayo; the secretary, Fatai Adesina; Welfare Officer, Sunday Babalola; Deputy Women Leader, Alhaja Fatimah Hassan; Auditor, Alhaja Tinu Adigun; Youth Leader, Lekan Adebayo; Ex-Officio member, Kola Amoo; Treasurer, Lateef Ajiboye; and Senatorial Youth Leader, Olalekan Olowe.
A chieftain of the party in Ibadan North Local Government, Hon. Shina Alabi, moved the motion for the lawmaker’s endorsement, which was seconded and unanimously adopted by the stakeholders.
Alabi said Oseni’s decision to abide by President Bola Tinubu’s directive to step down his governorship ambition for the senatorial race underscored his loyalty and commitment to party unity.
He said, “Hon. Oseni has demonstrated uncommon commitment to the welfare of the people. His leadership style is inclusive, responsive and development-driven. We are convinced that his emergence as the APC candidate for Oyo South Senatorial District will strengthen the party’s chances and guarantee effective representation.”
He also urged party members to remain united and rally behind credible aspirants with proven capacity and electoral value.
In his remarks, Hon. Aderemi Oseni said his decision to pursue the senatorial seat followed the presidential directives, noting that he accepted the decision in the interest of party cohesion, progress and stability. He recalled that he had earlier prepared for the Oyo South senatorial race in the 2023 general elections, having already purchased the nomination and expression of interest forms as part of an arrangement reached, before stepping down following appeals by party leaders.
The lawmaker, who chairs the House Committee on the Federal Roads Maintenance Agency (FERMA), said the party must close ranks to reclaim political dominance in the senatorial district.
According to him, “There is a huge task ahead, especially with several House of Representatives seats in the district currently held by the opposition. We must work together, mobilise effectively and secure victory for our party and leader, President Bola Tinubu”.
Oseni thanked party leaders and stakeholders for the confidence reposed in him and assured them of his commitment to advancing the interests of Oyo South Senatorial District.
The meeting also had representatives from all nine local government areas, with about 10 leaders from each council in attendance.
The lawmaker representing Akinyele/Lagelu Federal Constituency of Oyo State, Olafisoye Akinmoyede, has denied allegations of violence at the All Progressives Congress (APC) state secretariat, describing claims that he assaulted a party member as false and politically motivated.
An online platform, IMPARTNEWSNETWORK, had alleged that Akinmoyede assaulted one Gafar Oyebade during a meeting convened by the state chairman of the party, Alake Adeyemo, to resolve issues surrounding the executive list of the APC in Lagelu Local Government Area.
However, Akinmoyede, in a statement on Tuesday, said the meeting was peaceful and attended by key members of the state executive, including the chairman, deputy chairman, and secretary, who witnessed the proceedings.
He clarified that contrary to Oyebade’s claim of being the party secretary, the official list presented by the state leadership recognised him as the Public Relations Officer.
According to the lawmaker, following the clarification, the state executive directed the Lagelu Local Government chairman, Fatai Awoyoola, to proceed with the swearing-in of other party officials.
Akinmoyede also faulted attempts to link the incident with the 2019 killing of a former federal lawmaker, noting that a court of competent jurisdiction had already ruled on the matter.
He said, “In Suit No. I/70c/2019, delivered by Justice Mufutau Adegbola on January 23, 2020, all those accused were discharged and acquitted.”
The lawmaker expressed concern over what he described as a deliberate attempt to mislead the public, alleging that Oyebade, a public school teacher under the Oyo State Government, should not be involved in partisan politics.
He described the allegation as a “recycled script” aimed at tarnishing his image ahead of political activities, urging constituents to remain calm.
Akinmoyede also called on journalists to verify information before publication and urged security agencies to take action against individuals who file false reports.
“These tactics surface every election cycle. Those behind them should learn to accept the outcomes of political processes. They failed before and will fail again. Power comes from God,” he added.
The lawmaker representing Akinyele/Lagelu Federal Constituency in the House of Representatives, Hon. Olafisoye Akinmoyede, has denied allegations of assault levelled against him by a member of the All Progressives Congress (APC) in Lagelu Local Government Area, Mr. Gafar Oyebade.
Akinmoyede described the allegation as “false” and “a lie taken too far,” insisting that no physical altercation occurred.
The denial was contained in a statement issued on Monday by his Legislative Aide, Dr. Isiaq Akintunde.
Oyebade had alleged that he was hospitalised following a confrontation during a meeting held at the office of the state party chairman in Oke-Ado, Ibadan, convened to resolve a leadership dispute in the local government.
But the federal lawmaker maintained that the meeting was peaceful and attended by top party officials.
“The meeting was convened to clarify Mr. Oyebade’s position within the local executive, and it was attended by the State Party Chairman, his deputy, the secretary, the publicity secretary, and other key state executives, all of whom witnessed the peaceful proceedings,” the statement read.
He added that contrary to Oyebade’s claim of being the party secretary, the official list presented by the Lagelu Local Government Party Chairman, Hon. Fatai Awoyoola, identified him as the Public Relations Officer.
According to Akinmoyede, the state executive thereafter directed Awoyoola to proceed with the swearing-in of the remaining members of the local government executive.
The lawmaker accused Oyebade of fabricating the allegation to advance political interests.
“I wonder why Mr. Gafar Oyebade, a secondary school teacher, would claim he was assaulted in the presence of the State Executive. This is an attempt to justify money allegedly collected from an aspirant to tarnish my image,” he said.
Akinmoyede further claimed that Oyebade was seen walking freely after the meeting and was not hospitalised as alleged.
He also raised concerns over Oyebade’s involvement in partisan politics, noting that civil servants are restricted from active participation in political activities.
The lawmaker called on security agencies and the media to investigate the incident at the party’s Oke-Ado office to ascertain the veracity of the claims.
Efforts to reach Oyebade for comments were unsuccessful as of the time of filing this report.
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