Court strikes down gov’s, others' purported power to dissolve LGs, LCDAs

Daniel Agbolade

An Oyo state High Court sitting in Ibadan, has declared as null and void purported powers of the state governor, House of Assembly and any other government agency, from summarily truncating or dismissing elected local government chairmen and councillors duly elected in the 33 local government areas and 35 LCDAs in the  state.  

The presiding judge, Mr A. A. Aderemi, handed down the ruling in a suit filled by Mr. Bosun Ajuwon, other Chairmen and Councillors, for and on behalf of the elected local government /LCDA Chairmen and Councillors across the state. 

The court while relying on the doctrine of stare decides, said it adopted and relied on the decision of Supreme Court in the recently decided case of Ekiti state Council Chairmen against the state governor in arriving at the judgement. 

It  held that it was bound as a lower hierarchy of court to adopt and apply the holding of the Supreme Court in a similar case on same facts and consequently declared some sections of Local Government amendment laws of Oyo state that allow the governor to dissolve local government councils null and void and unconstitutional, among other declaratory reliefs granted. 

The court equally granted a perpetual order of injunction against the state government and its agencies, restraining them from removing elected councillors and chairmen until the due expiration of their tenure of office. 

While reacting to the judgment, the state Attorney General and Commissioner for Justice, Mr. Oluwaseun Abimbola, said the state government is law abiding and will always maintain the rule of law, stating that the state government would study the judgment accordingly but while doing so will abide by its pronouncements.

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