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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. 

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“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.

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“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?

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“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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Why Oyo State cannot afford another 3 years of Makinde’s mismanagement of council funds

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Governor Seyi Makinde of Oyo state  was in Ido town, headquarters of the Ido Local Government to campaign for himself on Monday. 

Local Government Election have been slated for April 27 of this year and the Governor is leaving no stone unturned to ensure that he is declared winner by OYSIEC.

Do I sound confusing? Definitely not.

Governor Makinde is the contestant for the position of Local Government Chairman in the 33 Local Governments in Oyo state.

Reason? The Governor doubles as the State’s Chief Executive as well as the de facto Chairman of the 33 Local Governments while the 33 clowns parading themselves as the Councils’helmsmen are just Chairmen de jure.

What the Yorubas call “Esin inu iwe”.

I will use two incidents that happened simultaneously today to prove what is already known and accepted by the general public, albeit, arguably.

While Governor Makinde was dancing to some Fuji music in Ido town  during the campaign rally, the chairman of Ibadan South West Local Government, one Hon. Kehinde Akande was in a live debate at Fresh FM with the APC candidate, Dr. Abogun and his statements were quite revealing.

A direct question regarding his view about autonomy and independence of Local Governments was put to him by the moderator, Isaac Brown and his response leaves a sour taste in the mouth.

The fellow, sadly and slavishly said that he has no problems with the decision of the Governor (Seyi Makinde) to directly monitor the expenditures of the Local Governments, since, according to him, it was for the purpose of probity and accountability!

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This was coming from the Chairman of one of the most populous if not the most populous in Oyo state.

Like his peers who have one time or the other appeared on Radio, he could not point to any tangible project done by him and why would he?

The Governor calls the shots.

This is just on a lighter note, Hon. Kehinde Akande can not correctly identify the collation centre for ward 12 in a Local Government where he had been chairman for almost four years.

That underline the level of redundancy of this fellows parading themselves as Council Chairmen and on whose sake Governor Makinde incurred billions of Naira as judgment debts.

Now, to Governor Makinde’s campaign in Ido.

Is it not interesting that the Governor was in Ido and he didn’t Commission any project done by the Local Government?

In the times of his predecessors, such occasions were used to Commission projects done by the Local Government Chairmen but what will Governor Makinde Commission?

Nothing.

Nothing, because all the projects he mentioned during the campaign rally like the Omi Adio – Ido Road and others were attached to the state Government, even though, the funds were that of the Local Government.

Similarly, all the projects he promised to embark upon in the coming months within the Local Government like the modernisation of the Omi Adio market are projects he will usurp as usual, using the Councils’funds.

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If not for the fact that Governor Makinde requires some pliant individuals who will sign out the Councils’funds for him to expend, I bet, there won’t be Local Government Chairmen during his tenure.

A lot of examples abound to confirm Governor Makinde’s illegal usurpation of the functions of the Local Government Chairmen.

Akesan Market is another typical example.

The April 27 Local Government Election is between Governor Makinde as grand Chairman of the 33 Local Governments and the opposition political parties.

The 33 gentlemen flying the tickets for the PDP are just necessary proxies.

I will not dissipate energy on the Governor’s uncharitable boasts that the opposition should wait for another three years, when he would still be the Governor to conduct another election.

I will rather call on the people of the state to be united in removing the “Ajeles” he has foisted on the Local Governments.

Oyo state can not afford another three years of Governor Makinde’s mismanagement of the Local Government resources.

He has bled the state enough through over bloated contracts and debts.

All residents of the state should consider the April 27 Local Government Election as an opportunity to at least salvage the 33 Local Governments from the suffocating hold of the Governor.

Like I said earlier, Oyo state can not afford another three years of continual looting of the Local Governments through the proxies of the Governor.

One would wonder what business the Governor has in the ” modernisation” of Omi Adio market.

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Maintenance of the market is purely the responsibility of the Local Government Chairman but under Governor Makinde, even the Parks and abattoirs are directly run by the Governor.

That is the reason why the Local Governments have become comatose.

They have no means of generating IGR as all avenues have been taken away from them by the Governor.

Now, you tell me, Isn’t Governor Makinde not the one contesting on April 27?

 

Sola Abegunde writes from Oyo State

 

 

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Bribery Allegations: APC National Chairman, Ganduje Suspended

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The National Chairman of the All Progressives Congress (APC), Abdullahi Ganduje, faces a tumultuous time as members of his ward, the Ganduje Ward in the Dawakin Tofa Local Government Area of Kano State, have suspended him.

It was announced by the Executive Council of Ganduje Ward, led by Haruna Gwanjo, during a press briefing in Kano on Monday.

The suspension comes amidst lingering corruption allegations, notably surrounding a viral video from 2017 depicting Ganduje allegedly receiving bundles of dollar notes as a bribe and stuffing them into his garments.

Despite Ganduje’s initial denial and maintenance of innocence, the New Nigeria People’s Party (NNPP) administration, under Governor Abba Yusuf, has reopened the case.

The Kano High Court is set to arraign Ganduje on Wednesday, April 17, 2024, on charges including bribery, diversion, and misappropriation of funds.

Mega Icon Magazine gathered that the allegations involve the purported acceptance of $413,000 and N1.38 billion in bribes. The State Attorney General and Commissioner of Justice, Haruna Dederi, confirmed that Ganduje, along with his wife and six others, will face trial.

The Yusuf administration has vowed to present 15 witnesses to testify before Justice Usman Na’aba of the State High Court, indicating the seriousness with which the case is being pursued.

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Oyo LG Poll: APC Chairmanship candidate, Omotoso promises purposeful leadership

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Ido LG APC Chairmanship Candidate, Hon. Francis Omotoso

Hon. Francis Kehinde Omotoso, the All Progressives Congress (APC) chairmanship candidate for Ido Local Government Area of Oyo State, has pledged to provide responsible and purposeful leadership if elected into office.

In a statement released by his media office on Monday and made available to journalists, Omotoso assured the electorate of his commitment to ensuring accountability in the management of the council’s affairs.

Emphasising his dedication to inclusivity, he promised to involve all stakeholders in his administration, adhering to the principle of openness in governance.

The two-term former councilor in the council further noted the importance of grassroots development in driving national progress, asserting that focusing on local government-level development would contribute significantly to poverty eradication.

Speaking on the potential impact of his leadership, the APC nominee stressed that promoting peace and facilitating rapid development within the council and the state at large were among his primary objectives.

“I want to assure the good people of Ido Local Government Area of purposeful leadership in the interest of peace and for the speedy development of our council area and, by extension, Oyo state,” he stated.

In his appeal for support, Omotoso urged the electorate to turn out in large numbers and cast their votes without hesitation for him, and all the APC councillorship candidates representing the ten wards in the council area in the forthcoming local government election billed for April 27, 2024.

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