Supreme Court Nullifies Makinde’s Sack Of LGA Chairmen, Councillors In Oyo State

All the 68 Chairmen and Councillors were elected on the platform of the All Progressives Congress (APC) on Saturday May 12, 2018, when the late Senator Abiola Ajimobi was the Governor of Oyo state.

The Chairman of the “sacked” Association of Local Government Of Nigeria (ALGON), Oyo State chapter, Prince Ayodeji Abass-Alesinloye (who doubled as the Local Government Chairman for Oluyole LGA) had obtained an injunction from the Oyo State High Court on May 6, 2019, that restrained the incoming Governor of the State, the State House of Assembly and agents of Government from sacking them.

The sacked chairmen had held on to the injunction when Gov. Seyi Makinde’s administation sacked them on May 29, 2019.

The Government under Makinde nonetheless, approached the Court of Appeal and sought to quash the order, telling the higher court that the injunction was speculative because he had not been sworn in as Governor when it was obtained.

However, in the unanimous judgment of the Court of Appeal, read by Justice Simon Haruna Tsammani, supported by Justices Olujinmi Kayode Bada and Afolashade Ayodeji Ojo, the order of the lower court was set aside on the grounds that it was speculative and premature at the time it was obtained because the incumbent administration had not come to power then.

The Appeal Court okayed the sack.

The Chairmen and Councillors approached the Supreme Court.

SUPREME COURT DECISION

The Supreme Court described the dissolution of elected local councils in Oyo State and replacement by caretaker committees as illegal.

The former Chairmen and Councillors will now receive full pay for their full 3-year tenures.

The ruling by the Court will ensure that sacked chairmen, councillors whose tenure are about to expire will now receive the full pay for the 3 years they were supposed to be in Office

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