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Oyo: Makinde’s Plan to Appoint Caretaker Chairmen Is Illegal, Unconstitutional – Ajimobi’s Aide

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Prof Olowofela

FORMER  Commissioner for Education, Science and Technology in Oyo state, Professor Adeniyi Olowofela has said that the planned imposition of caretaker arrangements in the state by Governor Seyi Makinde to forcefully takeover the local government councils from the democratically elected Council Chairmen and Councillors  is illegal and unconstitutional.

The Don, who insisted that Governor Makinde’s declaration is irrelevant, also noted that the Chairmen and Councilors are not creation of the governor but products of law; because they were elected by the people.

Featuring on Fresh FM Ibadan political circuit programme, monitored by Mega Icon Magazine on Saturday, the ex-Council gaffer of Ido Local Government said the  Peoples Democratic Party (PDP) deliberately refused to participate in the local government election, just as he disclosed that it was the government of Governor Seyi Makinde that went to appeal the existing court ruling that the Governor, House of Assembly cannot discharge the mandate given to the elected Local Government Chairmen.

 

“Why are they in haste? They are already in court. Governor Makinde should allow Appeal Court to determine  the matter. If you had gone to court, the onus is on you for the court to announce a position and is not your own business to say this is how court will rule . The court is not based on sentiments, but to interpret laws.

“The imposition of Caretaker Chairmen cannot work because there is a Supreme Court ruling on the issue of local government now and it said that no Governor or State Assembly can remove any elected Council Chairman, you just want to create a political imbroglio. If your party refused to participate in an election doesn’t make that election invalid. Ab initio, the PDP actually went to court that the local government election should not hold, but the court ruled over . Cases that were in court are all vacated as at today. 

“Why would Seyi Makinde, as an incumbent governor deliberately precipitate crisis, thinking that if you have crisis you can do whatever you like. If you deliberately precipitate crisis you cannot benefit from that crisis because you don’t have the power to remove elected Chairmen. If you commit illegality, it is also illegal to be law abiding, you don’t expect the other party to fold their arms, they will fight it out with the rule of law. Allow the Appeal Court you have gone to, to make a pronouncement. When the court rules, whatever you’re doing will be the product of law and not the product of naked power. We should run away from ‘Jankara Politics’ “, he advised.

Reacting to what he described as illegal dissolution of the Oyo State Independent Electoral Commission (OYSIEC), Olowofela quoted the Supreme Court decision 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 remains the law of our land according  to the Supreme court. It means the proclaimed dissolution of Commissions, including OYSIEC, CSC, JSC,etc, cannot stand”.

Continuing, he recalled that:  “during former Governor Ladoja’s era,  Ladoja had OYSIEC, when Governor Akala came on board , Akala disband the OYSIEC and when Ladoja returned, he also  disband the OYSIEC again created by Akala. This is not respecting the rule of law and led to a lot of court litigations. That was what hindered Governor Ajimobi from conducting Local Government Election on a timely basis.

“We had to wait for the series of court cases to be vacated, but it got to a point where by we had to call all the fielding parties, both the OYSIEC of Akala, OYSIEC of Ladoja and they had to withdraw the case from court when we negotiated with them. They did that one before Ajimobi could now constitute new OYSIEC in 2016. Don’t forget that the OYSIEC has a lifespan of five years , so 2016 plus 5 years will give us 2021which will still be in the lifespan of this present government.

“If you have the prerogative to appoint, that is law, but it is tenure based. When something is tenure based, then you must allow them to expend the tenure that has been given to them. OYSIEC has five years, in fact court has also ruled over  this matter. The court did not say go and give them their money but for the status quo to remain. If you ‘dash them money’, that’s your headache. They have their own tenure which is five years and they will spend their tenure.  It is even wrong of Governor Seyi Makinde to spend public money anyhow. Anyhow in the sense that, if you have not done any service, why would you be paid?

“The court has ruled over this matter that the OYSIEC has five years tenure to use. That the government is dissolving the OYSIEC won’t hold water. Law didn’t permit arbitrariness, the fact that you have power to hire a Commission doesn’t mean that you can fire that commission, because it is a tenure matter, the tenure must run, that’s the law. This is different from hiring a messenger for a particular job , so you must look critically before you hire, because once you hire, you must allow tenure to lapse. A pronouncement that is coming from the mouth is just a word if it doesn’t have the force and backing of the law”, the APC chieftain concluded.

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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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