Malami asks Makinde to dissolve LG caretaker chairmen

…We’ve not seen the letter ―Makinde

The Attorney-General of the Federation and Minister of Justice, Justice Abubakar Malami (SAN) has directed the Oyo State Governor, Engineer Seyi Makinde to reverse himself over the dissolution of local government administration in the State.

The directive was contained in a letter to the Attorney-General and Commissioner for Justice in Oyo State, Prof. Oyewo Oyelowo dated 14 January 2020.

The letter marked HAGF/OYO/2020/Vol.I/I. was entitled, “Unconstitutionality of dissolution of elected local government councils and appointment of caretaker committee: the urgent need for compliance with extant judicial decisions”

The AGF said, in view of the decision of the Supreme Court on the matter that is binding on all 36 States of the Federation, “the common practice by some State Governors in dissolving elected local government councils is unconstitutional, null and void.”

“So, also any system of local government run by caretaker committee are outrightly illegal and unconstitutional”.

When Vanguard called the Chief Press Secretary to Governor Seyi Makinde, Mr Taiwo Adisa, he said he had not seen the letter and when he saw it, he would know the appropriate response.

The letter reads further; “to this end, I hereby request all their Excellencies, State Governors and Speakers of State House of Assembly, who are currently acting in breach of the provisions of Section 7(1) of the 1999 Constitution (as amended) and also acting in disobedience of the Supreme Court judgement highlighted above to immediately retrace their step by ensuring compliance with the above in the overall interest of the rule of law and our democracy.”

“The need to immediately disband all caretaker committee and restore democratically elected representatives to man the local governments has, therefore, become obligatory”.

Firefox01:
Audio governor has no choice. The IGP will simply order the CP to send police offers to escort the elected LG officers back to the council.

The sweetest thing is that as a result of NFIU, caretaker chairmen have no accessories to LG funds. They've been borrowing to sustain themselves.

Stalwert:


Imagine after borrowing then realising that such borrowed funds was on their own accord and not on behalf of the LG. As far as the Law is concerned they are illegally occupying a position and merely impersonating the real LG chairmen.

Firefox01:


The sweetest thing is that as a result of NFIU, caretaker chairmen have no access to LG funds. They've been borrowing to sustain themselves.

seunmsg:
In as much as I condemn the illegality of dissolving elected councils and replacing them with caretaker committees that are unknown to law, I must also state that the AGF doesn’t have the power to issue directive to the governor on the matter. At best, he can offer his legal opinion on the matter and nothing else. The right thing is for the lawfully elected council members to institute legal action against the governor.

Ctorch:



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Abubakar Malami (L) and Seyi Makinde (R)
Home » Politics » Malami asks Makinde to dissolve LG caretaker chairmen
Malami asks Makinde to dissolve LG caretaker chairmen
ON JANUARY 20, 20208:04 PMIN POLITICS
…We’ve not seen the letter ―Makinde
Ola Ajayi – Ibadan

The Attorney-General of the Federation and Minister of Justice, Justice Abubakar Malami (SAN) has directed the Oyo State Governor, Engineer Seyi Makinde to reverse himself over the dissolution of local government administration in the State.

The directive was contained in a letter to the Attorney-General and Commissioner for Justice in Oyo State, Prof. Oyewo Oyelowo dated 14 January 2020.

The letter marked HAGF/OYO/2020/Vol.I/I. was entitled, “Unconstitutionality of dissolution of elected local government councils and appointment of caretaker committee: the urgent need for compliance with extant judicial decisions”

The AGF said, in view of the decision of the Supreme Court on the matter that is binding on all 36 States of the Federation, “the common practice by some State Governors in dissolving elected local government councils is unconstitutional, null and void.”


“So, also any system of local government run by caretaker committee are outrightly illegal and unconstitutional”.

When Vanguard called the Chief Press Secretary to Governor Seyi Makinde, Mr Taiwo Adisa, he said he had not seen the letter and when he saw it, he would know the appropriate response.

The letter reads further; “to this end, I hereby request all their Excellencies, State Governors and Speakers of State House of Assembly, who are currently acting in breach of the provisions of Section 7(1) of the 1999 Constitution (as amended) and also acting in disobedience of the Supreme Court judgement highlighted above to immediately retrace their step by ensuring compliance with the above in the overall interest of the rule of law and our democracy.”

“The need to immediately disband all caretaker committee and restore democratically elected representatives to man the local governments has, therefore, become obligatory”.

https://www.vanguardngr.com/2020/01/malami-asks-governor-makinde-to-dissolve-lg-caretaker-chairmen/

Realdeals:
Dapo Abiodun of Ogun state will definitely do the same, where is the letter?

seunmsg:
I must also state that the AGF doesn’t have the power to issue directive to the governor on the matter. At best, he can offer his legal opinion on the matter and nothing else. The right thing is for the lawfully elected council members to institute legal action against the governor.

omowolewa:
Malami should just encourage the parties concerned to go to court.

Malami should be clear in his statementd, people would misconstrue his advise as judgement which only a court can order given his position.

Blue3k:


The AGF isnt overstepping his bounds in my opinion. He has the power to prosecute the case if he chooses to because they're brraking federal law. He already cited the constitution and referenced supreme court cases on the matter.

Blue3k:


The AGF isnt overstepping his bounds in my opinion. He has the power to prosecute the case if he chooses to because they're brraking federal law. He already cited the constitution and referenced supreme court cases on the matter.

Realdeals:
Dapo Abiodun of Ogun state will definitely do the same, where is the letter?

seunmsg:
In as much as I condemn the illegality of dissolving elected councils and replacing them with caretaker committees that are unknown to law, I must also state that the AGF doesn’t have the power to issue directive to the governor on the matter. At best, he can offer his legal opinion on the matter and nothing else. The right thing is for the lawfully elected council members to institute legal action against the governor.

9jahotblog:
Dapo abiodun ,fayemi, akeredolu, sanwo olu, oyetola has caretaker chairmen in their respective states. Why is the AGF always concentrate on oyo state alone. He's just deceiving himself jare. Dissolve kooo, delay niii.

9jahotblog:
Dapo abiodun ,fayemi, akeredolu, sanwo olu, oyetola has caretaker chairmen in their respective states. Why is the AGF always concentrate on oyo state alone. He's just deceiving himself jare. Dissolve kooo, delay niii.

BafanaBafana:

If he doesn't have the power, he wouldn't have done it.
What the governor has done is not just an infringement on the local government chairs but on the constitution and as such, the federal government through the office of the attorney general can take legal actions