Oyo LG Dissolution: AG tells Makinde to reverse decision, orders immediate disbandment of caretaker arrangement {See Letter} - Mega Icon Magazine
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Oyo LG Dissolution: AG tells Makinde to reverse decision, orders immediate disbandment of caretaker arrangement {See Letter}

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The Attorney-General of the Federation and Minister of Justice, Abubakar Malami SAN has directed the Oyo State Governor, Engr Seyi Makinde to reverse himself over the dissolution of local government administration in the State.

The directive was contained in a letter sent to the Attorney-General and Commissioner for Justice in Oyo State, Prof. Oyewo Oyelowo dated 14 January, 2020 with reference HAGF/OYO/2020/Vol.I/I. Entitled; “Unconstitutionality of dissolution of elected local government councils and appointment of caretaker committee: the urgent need for compliance with extant judicial decisions”.

The AGF said 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”.

” To this end, I hereby request all their Excellencies, State Governors and Speakers of State House of Assembly, who are currently acting in breach of the provisions of Section 7(1) of the 1999 Constitution (as amended) and also acting in disobedience of the Supreme Court judgement highlighted above to immediately retrace their step by ensuring compliance with the above in the overall interest of the rule of law and our democracy.

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“The need to immediately disband all caretaker committee and restore democratically elected representatives to man the local governments has therefore become obligatory”, the letter added.

In a related development, Malami requested the Commissioner for Justice to take positive steps to ensure compliance , stressing that, President Buhari and other relevant agencies will be advised further on compliance measures that should be taken in national interest”.

Copies of the letter were also sent to the IGP, DG, DSS, The Ag. Chairman of EFCC and NFIU.

Reacting to the development, the Chairman. Association of Local Government of Nigeria (ALGON), Oyo state chapter, Prince Ayodeji Abass – Aleshinloye described the decision as a welcome development as it has confirmed what they had always stood for that it was wrong for constitutionally elected local government chairmen to be so treated.

“We are glad with this latest development. We want to assure the administration that as law abiding citizens, we will work hand in glove with them to ensure even development in Oyo State.

“We also want to thank the people of Oyo State for standing with us and being law abiding for the duration of the period that the issue lingered”, Aleshinloye submitted

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Bayelsa: PDP’s Douye Diri finally gets certificate of return

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The Independent National Electoral Commission (INEC) has finally  presented the Certificate of Return to the Bayelsa state PDP candidate, Senator Douye Diri.

Diri’s deputy, Senator Lawrence Ewhrudjakpo was also presented his certificate of return.

The electoral commission in a briefing at the commission’s headquarters in Abuja declared the Peoples Democratic Party (PDP) winner of the November 16 Bayelsa governorship election.

According to the INEC Chairman, Mahmood Yakubu, Diri was declared the winner after top officials met on Friday morning to review the results of the election, without the votes of the APC which have been voided by the court.

“The total votes cast after excluding those of the APC now stand at 146,999. PDP polled 143,172 and scored 25 percent as required by the law,” Yakubu said during the briefing”.

Supreme Court in its verdict barely 24hours to the swearing in of sacked David Lyon, and his Deputy, Biobarakuma Degi-Eremieoyo declared Diri winner of the Bayelsa guber poll.

Justice Ejembi Ekwo, who read the lead judgment on Thursday made the orders after disqualifying the APC’s deputy governorship candidate, Degi-Eremienyo, as a candidate in the election for submitting forged certificates to INEC.

The court ruled that Degi-Eremienyo’s disqualification had infected the joint ticket with which he and the governorship candidate, Lyon, ran for and won November 16, 2019.

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A five-man panel of the apex court led by Justice Mary Peter-Odili then ordered the INEC to withdraw the Certificate of Return issued to the APC candidate.

 

 

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Apex court sacks Bayelsa governor elect, Lyon declares PDP’s Diri Duoye

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The Supreme Court has sacked the governor-elect of Bayelsa State, David Lyon, and his Deputy, Biobarakuma Degi-Eremieoyo.

A five-man panel of the apex court led by Justice Mary Peter-Odili ordered the Independent National Electoral Commission to withdraw the Certificate of Return issued to the All Progressives Congress’ candidate as the winners of the November 16, 2019 governorship election in the state.

The Apex Court ordered INEC to issue a fresh certificate of return to the candidate of the party with the next highest votes and with the required constitutional spread of votes in the results of the election, which are the Peoples Democratic Party.

Justice Ejembi Ekwo, who read the lead judgment made the orders after disqualifying the APC’s deputy governorship candidate, Degi-Eremienyo, as a candidate in the election.

The court upheld the November 12, 2019 judgment of the Federal High Court in Abuja which had disqualified Degi-Eremienyo in the election for submitting forged certificates to INEC.

The court ruled that Mister Degi-Eremienyo’s disqualification had infected the joint ticket with which he and the governorship candidate, Lyon, ran for and won November 16, 2019.

The five-man panel further held that on the basis of that both candidates and their party, the APC ought to have abstained from participating in the election.

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Source : Channels TV

 

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LG crisis: Court urges Govt, sacked chairmen to explore amicable resolution

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An Oyo State High Court sitting in Ibadan, the state capital, on Wednesday adjourned till 21st February, 2020 the suit filed by the State Government in which it is seeking to restrain the sacked council chairmen from forcefully taking over the council secretariats in the state.

The sacked Council Chairmen under the aegis of Association of Local Government of Nigeria(ALGON) had sought to take control of the council secretariats by relying on a letter written by the Attorney General of the Federation,Abubakar Malami (SAN) and another by the Inspector General of Police, Mohammed Adamu, urging them to put effect to a judgement of the Supreme Court on local government administration in Ekiti State.

The Court presided by Justice Mahmood Abbas, lauded the parties for considering the option of amicable resolution of the matter, urging them to exercise maturity while discussing the option of amicable settlement.

Ruling on the application to allow for the parties to further explore the out-of-court settlement option, Justice Abbas adjourned the matter till February 21, warning all parties to see what they could do to arrive at an amicable resolution.

Oyo State Government and ALGON had, at the last adjourned date on February 5, 2020, declared the readiness to explore an out-of-court settlement, with the Court adjoining till February 12 to allow for that option.

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The parties had, on Wednesday, approached the court to report the outcome of the out-of-court settlement option, which was agreed upon at the February 5, 2020 sitting.

In their presentations, counsels to the claimant/applicant(the State Government), Dr. Akin Onigbinde (SAN) and the counsels to the defendants(ALGON and others), reported on the meetings held to explore the out-of-court settlement option, noting that a settlement could not be reached on the matter so far.

Dr. Onigbinde stated that though the parties could not reach a conclusion on the amicable resolution of the dispute, the process could not be described as having failed, because some proposals were made, which the Government looked at and registered its difficulty in accepting.

“There was no failure of the first attempt. There is always a progression in this type of negotiation. It is not the day you start that you conclude. Actually, we have made some progress because there were certain proposals made, which we have looked at. We have registered our difficulty in accepting them. Now, we have another opportunity to look at those proposals again. So, it cannot be characterised as a failure. I will consider it as a stage in the process of what we are trying to achieve,” he said.

The counsel to the sacked chairmen, Mr. Kunle Sobaloju, maintained that though the parties could not come to an amicable resolution at the two meetings between last Saturday and Monday, his clients were not opposed to the out-of-court-settlement option.

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He added that he would not be opposing the application to further explore that option, because the resolution of the matter would be in the interest of the state.

The Court lauded the parties for considering the option of amicable settlement, urging them to exercise maturity while discussing the option of settlement.

The presiding judge maintained that parties in the matter were stakeholders in the Oyo State project, noting that they would have to take the most valuable decision in the matter with a view to amicably resolving the crisis in the interest of the state.

He added that all parties in the matter must exercise a lot of maturity while discussing amicable resolution, noting that settlement “means a little compromise here and there.

He said: “I did say during the last adjournment that all parties in this case are stakeholders in the Oyo State project… So, all parties must exercise a lot of maturity. The only duty of this court is to listen to all facts as you bring them and apply the law. The law is there, nobody can change it. The court cannot change the law. But the most valuable decision in this case will be taken by the parties.”

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