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.

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.

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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ALGON also warned that any attempt as being contemplated by Governor Makinde  to impose Caretaker arrangements on all the Local Governments in the state  against series of court judgements which his administration has appealed to, shall be vehemently rejected as this may heat up the polity and eventually lead to a state of emergency.

“The aftermath of this may not be palatable, as his continual and flagrant disobedience to the court judgements may not only lead to the outbreak of laws and orders but may end up consuming the governor himself.

“It is advisable at this juncture, that the governor gives due regards to the rule of law to which he has sworn to uphold by towing a path of constitutionality in order to forestall a state of anarchy.

Contained in a statement signed by its Chairman in the State,  Prince Ayodeji Abass – Aleshinloye, in Ibadan, the state capital , the association further described the plan as tales by moonlight on grassroots Democratic Governance. He said the Governor’s plan is a tale better told to the un-informed and co-deceptive wreckers of the democratic Culture.

Aleshinloye  noted that democracy as  a seed that germinates and develops on the practice and strict adherence to the rule of law and a willingness to entrench the democratic culture by its proponents. “So far, Governor Makinde’s undemocratic disposition  and flagrant disobedience, with impunity, of court orders by illegally dissolving constitutional bodies, elected democratic  local government structures, breaches of contractual obligations,  in Oyo State clearly shows a despotic government. Perhaps the governor may want democracy, but it appears his spirit is too weak to take the necessary courageous steps to be on the right path for its evolution”.

ALGON, however reminded Governor Makinde of the subsisting judgments of the Supreme Court that declared as illegal, null and void,  any dissolution of elected local government councils by state governors and state assemblies. “The governor is fully aware of this and the specific judgement of the Oyo State High Court, which re-emphasized same and  restrained the Oyo State  governor and House of Assembly from dissolving local governments.

The statement reads, ” Governor Makinde did not only consciously flout these subsisting court orders / judgements, he also took other dangerous steps by illegally dissolving OYSIEC, a constitutional body with a specified tenure provided by our constitution. To add salt to the injury, His Excellency moved a notch further in acts of illegality by seeking to  bribe members, through monetisation, of OYSIEC dissolution which has  raised both moral and legal questions as to the reckless use of tax payers’ money for illegal, selfish and partisan ends.

“This Governor continues with reckless abandonment to abuse his oath of office by constantly reiterating he would conduct local government elections into councils next year, even while the tenure of our members subsist. Is this the said people’s mandate, to trample on everything sacred in our constitution? We will not abandon our mandate by the good people of Oyo state, nor allow sudden opportunistic advisers of the Governor to derail democratic norms, values and culture in our dear state”.

“We will not compromise the people’s mandate to us, but only appeal to our dear citizens of Oyo state across the Local governments and LCDAs to keep faith with constitutionality. The acts of impunity shall be set aside by our Courts by the grace of God, and in expression of the will of the people. The judiciary remains the last hope of the common man and of our constitutional democracy”.

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