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

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:

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.