29 June 2009
(Page 3 of 3)
In the counter-claim to the originating summons of the council bosses, Mimiko averred that he did not need to have any resolution of the state House of Assembly before taking action as the Executive Governor of the state with respect to the administration of local government councils. He averred that the plaintiffs - former council chairmen - were never duly or legitimately elected as chairmen of the local government councils in the state and as such could not lay claim to have at whatever time legally presided over the said local government councils.
He argued the purported elections of the plaintiffs as chairmen of local government councils in the state were null and void and of no effect whatsoever. He, therefore, sought a declaration that having regard to the expediencies and circumstances on ground on the assumption of office as Executive Governor of the state, he was justified and entitled to take the step in respect to the administration of local government councils.
While moving a motion for the interlocutory application to restrain the chairmen from taking any step towards take-over of the council secretariats by forcefully, Baiyeshea said their actions, if permitted, were capable of disrupting the smooth running and administration of the councils pending the final hearing of the substantial suit.
Mimiko's counsel added that there was no evidence that local government workers were instigated by the state government and that there was no place in their affidavit that they have been functioning in their offices since the dissolution of the councils. Baiyeshea argued that "the balance of conveniences favour the plaintiffs in view of the fact that the workers have stayed away since their action and we cannot sacrifice all the 18 local governments for just 18 persons who stand to be compensated for any damage if the case goes in their favour. My Lord, we have entered into an undertaking if at the end of the day, they are favoured."
While Mimiko, the council officials and their party, the PDP were trading blames on the legality or illegality of the dissolution of the councils, a school of thought was of the opinion that the governor's action was not in order because "two wrongs do not make a right." It contended that he should have gone to court to challenge the legality of the election and the composition of the ODIEC members or better still seek the mandatory legislative approval of the House before swinging into action to dissolve the councils. However, the governor may not have taken this option because he knew he would not get the required two-third to sack the councils in the PDP-dominated House because his party does not have the majority in the house unlike predecessor.
Currently, the governor's party, Labour Party (LP) has nine lawmakers in the House. Alliance for Democracy (AD) has one member while the PDP has 15 members. Moreover, the governor may have to wait for the five years of the present ODIEC to lapse, or better still, wait for the Court of Appeal hearing cases of some of the members of the assembly.
Meanwhile, normal activities have resumed in some local government secretariats as some of the caretaker chairmen have sworn in their members. However, some chairmen had not resumed due to the internal crisis involving some Labour Party members over the choice of some people. At the Ilesha Road Headquarters of the Akure South Local Government, there was no presence of security agents in the premises contrary to the directive of the Assembly on Wednesday that police should arrest anybody that came to resume as the chairman. At the Akoko North West Local Government, Oke-Agbe, the Caretaker Chairman, Hon Tope Adebambo had resumed office and swore in other members of the committee.
There was no reported case of breakdown of law in any council as at the time of filling this report. Some observers have said that the current face-off between the two arms of government was normal in a democratic setting pointing out that politicians always have ways of resolving their differences. Whatever be the case, events this week in the state will show who would bait first between the governor and the lawmakers.
Be the first to Write a Comment!
Copyright © 2009 This Day. All rights reserved. Distributed by AllAfrica Global Media (allAfrica.com). To contact the copyright holder directly for corrections — or for permission to republish or make other authorized use of this material, click here.
AllAfrica aggregates and indexes content from over 125 African news organizations, plus more than 200 other sources, who are responsible for their own reporting and views. Articles and commentaries that identify allAfrica.com as the publisher are produced or commissioned by AllAfrica.
