The Transition Implementation Committee, TIC Chairmen and their executives in the 16 local government areas, LGAs of Kwara State appointed by the state government have been sacked.
The sack followed the judgment delivered on Friday by Justice Hassan Gegele of the state High Court sitting in Ilorin, describing Governor AbdulRahman AbdulRazaq’s act to replace the suspended local government officials with appointed officials as “ executive rascality and an abuse of power.”
Recall that Elites Network for Sustainable Development, ENetSuD, an anti-corruption Civil Society Organisation, had taken the state government to court over the appointment of the Transition Implementation Committee, TIC to manage the affairs of LGAs in the state.
The reliefs sought from the court by the Civil Society Organisation included the nullification of the governor’s action and order for the conduct of local government elections by the administration in the state.
Justice Gegele in his judgment ruled in favour of ENetSuD, admitting that: “ENetSuD is a juristic person with a legal personality that can sue and be sued; and that it has locus standi to pursue this case in court of competent jurisdiction.”
The court, however, agreed that the state government suspended the democratically elected local government councils, but expressed dissatisfaction that they were replaced with TIC that is not known to any law.
PDP describes ruling as a welcome development
Commenting on the judgment, the state People’s Democratic Party, PDP in a statement issued by it’s State Publicity Secretary, Tunde Ashaolu hailed the ruling of a State High Court, sitting in Ilorin, which declared the appointment of caretaker chairmen for the 16 local government councils in the State as illegal, null and void.
An anti-corruption Civil Society Organisation, the Elites Network for Sustainable Development (ENetSuD), had dragged the State government to court over the dissolution of democratically elected council chairmen and illegal appointment of caretaker committee by Governor Abdulrahman Abdulrazaq.
In his ruling on Friday, Justice Hassan A. Gegele of the State High Court, ruled that Abdulrazaq had no power to suspend democratically elected local government council executives and replace them with caretaker committees, describing the governor’s action as an executive rascality and abuse of power.
It described the ruling as a welcome development and victory for democracy and the rule of law.
Fighting Illegality
The party also commended ENetSuD for fighting illegality, demanding justice and making efforts to deepen democracy in the State, saying that posterity would be kind to the group.
“The ruling of the Court did not come as a surprise to us. It is in line with our earlier position that the Governor lacks power to sack elected council chairmen and that the appointment of Transition Implementation Committee (TIC) by him is unconstitutional, undemocratic, null and void. Today’s judgment is a victory for democracy, rule of law and the good people of Kwara State who have always demanded justice and adherence to due process.
“Our party commends ENetSuD for standing against illegality and impunity, for demanding justice and making efforts to deepen democracy in our dear State. Your doggedness and resilience eventually paid off. Posterity will be kind to you.
“Now that the Court has ruled that the caretaker committees are non-existent in the eyes of the law, we expect Governor Abdulrazaq to immediately initiate process to conduct local government elections,” the Kwara PDP statement reads in part.
Kwara Govt will appeal judgement
Also reacting to the judgment, the State Government through the state Attorney General and Commissioner for Justice, Salman Jawondo, said the government would appeal the judgment, while it would also seek immediate stay of action of the judgment of the trial court
The judgment in respect of the case filed by the incorporated Trustee of Elite Network for Sustainable Development was delivered on Friday, the 8th of October, 2021.
“We wish to state that the reasoning of the trial judge is not a finality on the issue as it is subject to appeals at the higher benches, up to the Supreme Court. This allowance is guaranteed under our law,” the Attorney General declared.
Jawondo also stated that, “In exercise of its right of appeal as enshrined under the 1999 constituion as amended, the state government intends to explore that right. It will also, as allowed under the law, seek immediate stay of execution of the judgment of the trial Court”.
Confidence Okwuchi
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