In a statement released by the group’s Convener, Y.Z Ya’u, the Situation Room emphasised the need for reforms to uphold the integrity of Nigeria’s local government system against what it described as undemocratic practices by state governors.

“The reform of LGAs’ elections will give full effect to the intendment of the apex court’s judgment,” Ya’u asserted, “and protect the local government system in Nigeria from the undemocratic and overbearing tendencies of some governors.”

The group also commended the Supreme Court’s directive requiring the federal government to directly allocate funds to local councils from the federation account, thereby curtailing the practice of state governors appointing unelected officials to manage local governments.

“The Situation Room considers this judicial pronouncement a vital intervention in Nigeria’s democratic development,” the statement continued, “and calls on State Governments to promptly comply with the decision to bolster grassroots governance and ensure unhindered delivery of essential services by Local Governments.”

Highlighting longstanding grievances, Ya’u pointed out, “Since 1999, citizens have witnessed Governors subjugate Local Government Councils by controlling their funds and installing ‘Caretaker Committees’—an administrative structure unknown to the law or Constitution.”

The statement also criticised the neglect of funding for State Independent Electoral Commissions responsible for conducting local government elections in some states.

“We urge citizens, civil society groups, and community leaders to monitor the implementation of this judgment,” Ya’u urged, “and to establish mechanisms ensuring accountability at the Local Government level.”

The Supreme Court’s judgment, delivered on Thursday, rebuked the persistent denial of financial autonomy to local governments by state authorities.

Justice Emmanuel Agim, reading the lead judgment, mandated immediate and direct federal payments of local government funds to exclusive council accounts.

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Oyo state government has announced the restriction of movement of persons and goods within the territory of the state between 6am and 3pm on Saturday.

In a statement by the Secretary to the State Government (SSG), Mrs. Olubamiwo Adeosun, on Friday, the state government declared that the restrictions have become necessary to enable voters in the 33 local governments participate freely in the May 22 election.

The statement indicated that movement of persons and goods will be restricted between the hours of 6am and 3pm to enable officials of the Oyo State Independent Electoral Commission (OYSIEC) conduct the election without hindrance.

It directed all registered voters in the state to freely participate in the election and remain law abiding.

The statement read: “In furtherance of the quest for a hitch free local government election holding on Saturday, May 22, 2021, His Excellency, the Governor of Oyo State, ‘Seyi Makinde, has ordered the restriction of movements between the hours of 6am and 3pm on the aforementioned date.

“During the period of the restriction, security operatives will stop unauthorised movement of persons and goods in all parts of the state.

“Only persons on essential duties would be exempted from the restriction order.

“The general public is hereby advised to observe the restriction order avoid any form of brushes with security operatives.

“Indigenes and residents of the state are as well enjoined to go about their duties peacefully while they go out to cast their votes in line with prescribed guidelines of OYSIEC”, it concluded.

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Oyo APC made the request in a letter written to the OYSIEC Chairman, Aare Isiaka Abiola Olagunju SAN and the Attorney General and Commissioner for Justice, dated 10th May; 2021 and received by the duo yesterday (11th May, 2021).

Meanwhile, OYSIEC, through its Chairman, Olagunju, had maintained that there was no plan or justification for the commission to postpone the local council election from May 22, 2021 to a later date.

But, the APC, in a letter written to OYSIEC by its solicitors and signed by Olamiji Martins noted that the matter instituted by Oyo ALGON lasted for 2 years from the High Court of Justice to the Supreme Court of Nigeria. He argued  that within the 2 years legal debacle, it wouldn’t have been legally right for the APC  and indeed Oyo ALGON to have jettisoned the pending court matter and shift base to the Commission’s side when the illegally sacked council chairmen had specifically prayed the Court to restrain OYSIEC from conducting the said election.

Olamiji Martins,  in the letter, also observed that It would have amounted to approbating and reprobating simultaneously, maintaining that in the spirit of the laws of the land, it was only legal for Oyo APC and indeed Oyo ALGON to desist from rendering nugatory the possible orders of the court.

In order to avoid constitutional crises and unsolicited legal tussles, the opposition All Progressives  Congress (APC) in the state however opined that it is better in the spirit of democracy and wider participation which the commission had earlier promised when it visited the party office at Oke-Ado on 7th January 2021, to postpone the election and allow the party conduct its affairs in readiness to participate in the election.

“It does not allude to commonsense that our client should have conducted primary elections in readiness for your Commission’s election when its matter against your Commission was before the Supreme Court of Nigeria. That would have amounted to a contemptuous and ridiculous act”, the letter said.

Contained in the letter, which was obtained by Mega Icon Magazine from impeccable sources, Oyo APC recalled, “in 2018 the body of duly elected local government Chairmen and Councillors popularly referred to as ALGON took the Oyo State Government and your Commission to the Oyo State High Court of Justice in suit number I/347/2019. When judgment was entered in favour of ALGON by My Lord, the Honourable Justice A. A. Aderemi restraining your Commission from conducting elections into the Local Governments in Oyo State, the Oyo State Government and your humble Commission approached the Court of Appeal. At the Court of Appeal, judgment was entered in favour of Oyo State Government and your Commission. Dissatisfied with the Court of Appeal judgment, the matter went to the apex court of the land: the Supreme Court.

“Recall also that the Supreme Court of Nigeria reserved judgment in the case between ALGON and your Commission and others on February 10, 2021 for the judgment to be read on 7th May, 2021. It was when the matter was before the highest Court of the land that your Commission started in earnest to prepare to conduct the elections into Chairmanship and Councillorship positions into the 33 local government areas in the state. When your Commission visited our client on 7th January 2021, you implored our client to participate in the Local Government election. Our client informed you that as a law abiding party, it would rather wait till the matter at the Supreme Court in suit number SC556/2020 is properly determined.

 “However, it is instructive to note that after your appointment in September 2019, your commission did not take any concrete step to start the electioneering process immediately and this is largely due to the fact that your Commission and indeed the Oyo State Government had appealed the High Court judgment of Justice A. A. Aderemi delivered in suit number I/347/2019 restraining your Commission from conducting election and the matter heard by the Court of Appeal, Ibadan in suit number CA/IB/300/2019. Your Commission did not do anything because part of the reliefs granted in favour of ALGON in the judgment was an order of injunction restraining your Commission from conducting election into the office of the Chairman and Councillors of all or any of the 33 Local Government Councils and 35 Local Council Development Areas in Oyo State.

It continued, “As soon as judgment was delivered in your Commission’s favour by the Court of Appeal on 15th July, 2020 and the judgment of the High Court set aside, your Commission suddenly found its voice and from September 2020, your Commission started visiting political parties for parleys and talks despite the fact that ALGON had appealed the judgment and approached the Supreme Court to set aside the judgment of the Court of Appeal. True, the Supreme Court set aside the judgment of the Court of Appeal and declared the Appellants as the lawfully elected Local Government Chairmen.

“The question now is: would it not defeat the essence of the appeal at the Supreme Court should ALGON have joined your Commission in its pre-election arrangements against the doctrine of lis pendens? As a senior lawyer, you are aware of the provision of the law that once a matter has been appealed, all parties are expected to stay put and not take any step that will overreach the court and parties to the suit. Your Commission did not. ALGON won at the High Court, your Commission won at the Court of Appeal and the matter went to Supreme Court. Unfortunately, your Commission felt it could make do with the Court of Appeal judgment and go ahead to start preparation to conduct the election when in essence the 3 cases followed a single streak. Your Commission was meant to have waited, in deference to the rule of law, before taking any step to conduct any election whatsoever. It did not.”

“Learned Silk, our client had no reason to preempt the Supreme Court and had to exercise caution in waiting till the judgment is delivered in the case. It is actually a void act and outrightly unlawful for any party to a suit to approbate and reprobate at the same time. This has been made notorious by judicial pronouncements of our Law Lords. Of reference is the Supreme Court’s decided case of NASKO v. BELLO (2020) LPELR-52530 (SC)

“Learned Silk, it would have amounted to one having his cake and then eating it if our client had participated in the processes building up to the purported election your Commission is planning to conduct by 22nd May, 2021 when it had taken your Commission before the Supreme Court of Nigeria. The question is: what would have happened if the Supreme Court had ordered members of ALGON back to their offices? This mindset was borne out of the fact that the Supreme Court being so empowered, could have made a consequential order pursuant to its extant Court Rules, Laws, Practice Directions and Procedures.

“Basically because the ALGON members are also part of our client, and basically because they are the principal Appellants in the case which was determined at the Supreme Court last Friday, it would have amounted to an overreaching act and judicial travesty if after taking your Commission to court, they still participate in your Commission’s election build-up processes. That would have amounted to an overt illegality and an overreaching act based on the imperishable dictum of the revered Niki Tobi JSC in the case of NIWA v. SPDC (2008) LPELR-1963(SC).

“The wait by ALGON is actually legal and within the ambits of the law. This has found expression in the case of OKOYE v. INEC (2010) LPELR-4726 (CA)

“You had had the course, at various fora, to say that it is the desire of your Commission not to make its personal interests clash with the general interests of the people and make sure that concerted efforts would be made to change the perception of the public on forms of conducting local government elections over the years to enhance massive participation during the poll. Mr. Chairman, your integrity is now been appealed to as our client is holding strongly to your words of non-partisanship in the matter. Your Commission stands nothing to lose if it postpones this election and if your Commission doesn’t use its power as a punitive weight and bring same to bear on our client.

“Our client informed us that it is willing to participate in the election if your Commission is willing to allow reason to prevail and if your Commission postpones the elections till August 2021 when our client would have done all its internal assignments in readiness to participate in the local government elections.

“The decision – whether to postpone the election or not – lies in your Commission’s womb and we know actually that whichever way your Commission decide to follow, your Commission has nothing to lose. However, we implore your Commission to allow for the postponement as our client is a respecter of the rule of law and a strict adherent to the doctrine of lis pendens and wouldn’t flout the due process of law under any guise. Now that the Supreme Court has laid the ALGON matter to rest, we humbly implore your Commission to postpone the election till 7th August, 2021 so that our client can prepare itself to participate in it”, the letter concluded.

However, as of press time, efforts made by our reporter to reach the Oyo APC acting Publicity Secretary, Dr Abdul-Azeez Olatunde via his cellphone number for comments  were unsuccessful.

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Ahead of the local government election slated for May this year, Governor ‘Seyi Makinde of Oyo State has appointed Mr. Nwosu Tallest Innocent O. as his Special Assistant on the Oyo State Independent Electoral Commission (OYSIEC).

The appointment was contained in a letter signed by the Secretary to the State Government, Mrs. Olubamiwo Adeosun.

A statement by the Special Assistant (Print Media) to Governor Makinde, Moses Alao, indicated that the governor congratulated Nwosu, charging him to see the appointment as a call to service.

“While heartily congratulating you on your appointment, which must be seen as a call to service, the Government expects that you will discharge your duties with absolute loyalty, dedication and diligence,” the letter read in part.

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The ruling party in the state in a statement signed by its publicity secretary, Engr Akeem Olatunji, and made available to journalists in Ibadan described the governor as the pride of PDP and the entire state.

The statement added that the singular move by Governor Makinde to conduct local government election within shortest possible time was a clear manifestation of what in yoruba parlance is called ‘omoluabi’.

The statement stressed that it is the singular concept of ‘omoluabi’ that guides the political philosophy and ideology of yoruba founding fathers and political sage such as Chief Obafemi Awolowo.

The party stressed that as simple as the decision by the governor to conduct local government elections in less than 15 months of being in office it took the last administration under the All Progressives Congress (APC) an entire seven years to conduct a kangaroo election.

The Oyo state chapter of PDP particularly commended governor Seyi Makinde, for showing exceptional commitment to good governance in Oyo state and Nigeria as a whole.

It further noted that with the level of preparation going on towards the conduct of local government election, Governor Makinde is clearly matching his words with equal action adding that Oyo state is blessed to have governor Makinde at the helms of affairs at this critical time of economic downturn.

The ruling party charged its members across the state to take the message of hope and redemption from retrogression and backwardness being championed by the governor to every nooks and crannies of the state.

The party however assured that PDP in the state will continue to entrench good governance, fair play, transparency, and accountability adding that the Seyi Makinde led government has taken the bar of governance to an enviable status that can never be allowed to be compromised again.

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The Commissioner also alleged that there were no documents in the custody of the State Independent Electoral Commission (OYSIEC) containing the fact that any form was purchased by the candidates of the erstwhile ruling party in the State, while the interested candidates from the opposition parties were barred from doing so till the election took place.

“It was clear from the beginning that the exercise was a charade, they just went ahead to waste the State’s resources, none of the APC candidates obtained form while the opposition were not allowed to obtain as well, this is part of why they have no moral and judicial stands to argue their case.

“We were all aware of the outcry from their own party chieftains like the former Minister of Communication, Barrister Bayo Shittu, the Accord Party and Socialist Party of Nigeria among others against the activities that came before the election and the election itself.

“People are not fools, they know what was going on and you know that throughout their illegal stay in office, the people in their different domains never gave them support, that is the sign that they were forced on the system and that would not be for long.”

Olatunbosun, who featured on a private radio station in Ibadan, the Oyo state capital further assured that the present administration has been putting in the right process to conduct the local government election without delaying like the last administration which conducted the election at the twilight of its tenure in office.

The Commissioner hinted that although no date has been set for the election, the institution of members of the OYSIEC board indicated that work was ongoing to present a date and process that would have the input of all stakeholders in the political process in the State, especially the opposition parties.

Olatubosun assured the people of the state of the readiness of the Seyi Makinde-led administration to probe the past administration.

According to him, there were documents in possession of the State which the State anti-graft body would work on to unearth many alleged shoddy deals made by the last administration which had what he called colossal effect on the finances of the State.

“Whenever the anti-graft body commences work and documents that show monumental fraudulent practices by the last administration is presented to them for investigation, the people of this State will be confounded, some people have used the resources that belonged to the vast majority of Oyo State people to promote personal glory and interests”, the Commissioner declared.

Olatunbosun stressed  that the State’s free education policy was as a result of the promises made during the campaign period by Governor Makinde and the realization that Oyo State was among the eight States declared by Universal Basic Education Commission (UBEC) that had the highest number of Out-of-school children in the country, stating that free education and distribution of free textbooks, payment of grants and other inputs have reduced the number of children out of school in the State.

He said the administration would not back out of the programme despite opposition from some quarters calling for reintroduction of the N1000 levy for students in public schools.

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Senator Akanbi represented Oyo South Senatorial District between 2015-2019.

The Forum noted  that local government autonomy is a national issue that the APC chieftain,  Akanbi always stood for in and out of the red chambers, with the understanding that local government administration is expected to bring the government closer to the people and, agitation for its fruition in every state of the country should be supported, and nothing should be done to silence its advocacy until it is achieved.

Speaking further, Adesokan heaped praises on the ex-lawmaker  for quality representation of his constituents during his tenure as  well as facilitating various projects that are adding values to lives of the people of the senatorial district. He further lauded his contributions through his  Rilwan Adesoji Akanbi Foundation (RAAF) .

Responding, Senator Akanbi thanked the lawmakers for recognizing his efforts.  While describing the Forum as the symbol of the party, he noted that  as a grassroot person, a bottom-up approach and not otherwise is necessary to ensure victory, fairness and successful consolidation of the progressives.

He recommended that in the interest of the party and progress of the State, the forum should refrain from promoting aspirants or ambitions, but  to work towards ensuring harmony among all APC  members in the State.

Akanbi also recommended that the party should be harmonised to accommodate all interests.

“Everyone matters, embrace everyone and reach out without bigotry. Except such person is an adversary of the party, there should be no aspiration for now until the party is united, we all should be particular about coalescing the party.

“Refrain from promoting any aspirant for now and please pass the message to other members”, he added.

He, however pledged his continued support, urging them to embark more on prayers, “whatever effort of man is all dependent on God to achieve it”, he said.

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Oyo APC’s call came on the heel of Engr. Makinde’s announcement, last week, that he would appoint his party members as Caretaker Chairmen and Sole Administrators into the 33 local government councils and 35 local council development areas across the state respectively following a lull occasioned by the prevention of the elected officials to perform their responsibilities by the new PDP administration.

In a statement issued in Ibadan and made available to journalists on Monday by its Assistant Publicity Secretary, Prince Ayobami Adejumo, Oyo APC described the latest plans by Makinde to foist his loyalists and PDP members on the people at the local government level as not only an affront against the Judiciary but also a shameful decision aimed at positioning some lackeys for a possible hatchet job in view of his imminent sack from office.

“In the history of our dear country, there has never been anywhere in all the 36 States and the FCT where the executive offices in all the local government councils were locked for more than six months simply because a governor would order the sack of elected officials. But this happened in our own Oyo State when the PDP Governor began to manifest flagrant disregard to the Oath of Office he swore to right from the day of his inauguration. Gov. Makinde ordered a prospective appointee to announce the withdrawal of the mandate of hundreds of validly elected council officials and this was without any reasonable justification.

“Without mincing words, the whole word is aware of a subsisting judgment of the Supreme Court which frowns at the actions being taken by Makinde as it declared as illegal, null and void, any dissolution of elected local government councils by any state governor and/or state House of Assembly. “The governor is fully aware of this and the specific judgement of the Oyo State High Court, which called attention to the Apex Court’s incontrovertible verdict and thus restrained the Oyo State governor and House of Assembly from dissolving local governments.

“Gov. Makinde did not only deliberately 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. Meanwhile, Gov. Makinde made public his incompetence and poor understanding of the concept of constitutional democracy when he covertly sought to bribe the entire members of the State Independent Electoral Commission through a bait of upfront payment of their salaries for the whole of their five-year tenure which had not run to two years as at the time he claimed to have dissolved the statutory Commission. This action alone raises both moral and legal questions as to why the reckless use of tax payers’ money for illegal, selfish and partisan ends?

“At this juncture, it is imperative to draw the attention of the Presidency to the executive rascality and political heists being witnessed in Oyo State in the hands of some desperate political players who would stop at nothing to subject the nation’s judiciary to a ridicule and also desecrate the institution of democracy and the rule of law. How would a governor ground the activities of the third tier of government when he can never wish for the President to use the federal might on him? It is time President Buhari called Gov. Makinde to order before the situation gets out of hand.

“In the same vein, both the leadership of the Senate and the House of Representatives in Abuja have a role to play on this matter if it just only to safeguard the sanctity of the judiciary and forestall possible breakdown of law and order in Oyo state which is an integral part of the country. A man who left his duty post in Oyo in company of some violent elements to disturb the peaceful conduct of elections in far away Kogi State cannot be ignored when it comes to attempts to set the whole nation on fire for selfish reasons.” Oyo APC stated.

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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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