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Supreme Court voids council dissolution in Katsina, Oyo
The Supreme Court, in two judgments on Friday, set side the decision by Governors Aminu Masari (Katsina State) and Seyi Makinde (Oyo State) to dissolve elected Local Governments Councils in their states.
A five-man panel of the apex court was unanimous in holding that no Governor has the power to sack democratically elected LG chairmen and councillors.
It held that Masari and Makinde, by sacking democratically elected Local Government Councils, acted in breach of section 7(1) of the 1999 Constitution.
The two judgments were on the appeals filed by sacked LG Chairman and Councillors from Katsina and Oyo states.
The LG Chairman and Councillors from the 34 LGs in Katsina, led by Abubakar Ibrahim Yantaba, were elected under the banner of the Peoples Democratic Party (PDP) but were sacked in 2015 by Masari of the All Progressives Congress (APC).
Those from the 33 Local Government Areas, LGAs as well as 35 Local Council Development Areas in Oyo, led by Ayodeji Abass-Aleshinloye, were elected under the banner of the APC, were sacked in 2019 by Makinde of the PDP.
Justice Adamu Jauro read the lead judgment in the appeal relating to Katsina, held that Masari acted illegally and unconstitutional by sacking the appellants on allegation of financial misappropriation of councils’ funds.
Justice Jauro ordered the Katsina State Government to pay the appellants all their entitlements from the date of their illegal dissolution to the date they were supposed to lawfully vacate office.
In the Oyo case, Justice Ejembi Eko, in the lead judgment, held that Makinde acted “invidiously and in contemptuous disregard of a High Court judgement,” when he dissolved the democratically elected Chairmen and Councillors, and appointed Caretaker Committees to replace them.
Justice Eko set aside an earlier judgment by the Court of Appeal in Ibadan, which validated Makinde’s action, noting that the lower court was wrong when it held that there was no reasonable cause of action in the suit the appellants filed to prevent their sack.
He noted the three-year tenure of the sacked Chairmen and Councillors had since expired but proceeded to hold that they deserved to be compensated for their tenure that was “illegally truncated” on May 29, 2019.
Justice Eko ordered the Oyo State Government to pay the sacked Chairmen and Councillors their accrued salaries and allowances and directed the Attorney-General of Oyo State to, before August 7 this year, file an affidavit confirming the payment of the salaries and allowances to the appellants.
He equally awarded a cost of N20million in favour of the appellants.
Other members of the panel, Justices Kekere Ekun, Inyang Okoro, Ibrahim Saulawa and Adamu Jauro, agreed with the lead judgment.
It should be noted that this is not the first time the Supreme Court was declaring unlawful the practice by state governors to dissolve elected LGs upon assuming office.
The Attorney General of the Federation (AGF) and Minister of Justice, Abubakar Malami had pointed out this fact when he faulted Makinde’s decision, in a latter dated January 14, 2020.
In the letter marked: HAGF/OYO/2020/Vol.1/1, which was addrssed to Oyo State’s Attorney General, Professor Oyelowo Oyewo, Malami drew Makinde’s attention to past decisions of the Supreme Court on the issue and advised him to reverse the dissolution.
But, rather than heed the AGF’s advice,
Makinde queried Malami’s jurisdictional competence, claiming among others, that the issue was internal to Oyo State.
News
More trouble for Yahaya Bello as immigration places him watchlist
More trouble for Yahaya Bello as immigration places him on watchlist
The Nigeria Immigration Service has ordered the arrest of former Governor of Kogi State, Alhaji Yahaha Bello, if found at any entry/exit point of the country.
The NIS said on Thursday night that Yahaya Bellowas placed on its watchlist after evading arrest by the Economic and Financial Crimes Commission (EFCC) over allegation of N80 billion fraud.
This notice came a few hours after the EFCC had declared the former governor wanted.
The NIS, in a letter addressed to the Director-General, Department of State Services (DSS), the Inspector-General of Police, the Director-General of the National Intelligence Agency as well as other formations declared that Bello had been placed on its watch list.
The letter was signed by the Assistant Comptroller of Immigration (Suspect Index), D S Umar, on behalf of the Comptroller General of the Immigration Service.
Part of the letter read, “Suffice to mention that the subject is being prosecuted before the Federal High Court Abuja for Conspiracy, Breach of Trust and Money Laundering vide letter Ref: CR: 3000/EFCC/LS/EGCS.1/TE/V 1/279 dated 18th April 2024, if seen at any entry or exit point, he should be arrested and referred to the Director of Investigation or contact 08036226329/07039617304 for further action.”
News
BREAKING : EFCC declares Yahaya Bello wanted, seeks information on his whereabout
BREAKING : EFCC declares Yahaya Bello wanted, seeks information on his whereabout
The Economic and Financial Crimes Commission (EFCC) on Thursday declared former Kogi State Governor, Yahaya Bello, wanted.
The anti-graft agency said Bello is wanted for alleged offences relating to economic and financial crimes to the tune of N80.2 billion.
The EFCC called on Nigerians with information as to his whereabout to report immediately to the Commission or the nearest Police Station.
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“The public is hereby notified that YAHAYA ADOZA BELLO (former Governor of Kogi State), whose photograph appears above is wanted by the Economic and Financial Crimes Commission (EFCC) in connection with alleged case of Money Laundering to the tune of N80,246,470,089.88 (Eighty Billion, Two Hundred and Forty Six Million, Four Hundred and Seventy Thousand and Eighty Nine Naira, Eighty Eight Kobo).
Bello, 48-year old Ebiraman, is a native of Okenne Local Government of Kogi State. His last known address is: 9, Benghazi Street, Wuse Zone 4, Abuja.
Anybody with useful information as to his whereabouts should please contact the Commission in its lbadan, Enugu, Kano, Lagos, Gombe, Port Harcourt and Abuja offices or through these numbers 09-9044751-3, 08093322644, 08183322644, 07026350721-3, 0706350724-5; its e-mail address: info@efccnigeria.org or the nearest Police Station and other security agencies, ” a public notice issued by the EFCC read.
BREAKING : EFCC declares Yahaya Bello wanted, seeks information on his whereabout
News
BREAKING: Submit yourself for probe, FG tells Ex-Kogi gov, Yahaya Bello
BREAKING: Submit yourself for probe, FG tells Ex-Kogi gov, Yahaya Bello
The Attorney General of the Federation and Minister of Justice, Prince Lateef Fagbemi, SAN, has called on the immediate-past governor of Kogi State, Alhaji Yahaya Bello, to submit himself for probe.
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