Oyo State government has said that the continued use of
caretaker chairmen to run local governments is due to a
pending court case instituted by members of the then
Oyo State Independent Electoral Commission (OYSIEC)
against the state government about nine years ago.
The state government, through the Special Adviser to
Governor Abiola Ajimobi on Communications and
Strategy, Mr Yomi Layinka, noted that the then members
of OYSIEC had filed a case challenging the dissolution of
the electoral commission by the Senator Rashidi Ladoja-
led administration.
The prayers of the petitioners were that the state
government erred by dissolving them before the
expiration of their tenure while also calling for the
payment of all emoluments accrued.
Layinka however, noted that the legal battle had been
calmed by the Ajimobi-led administration following an
out-of-court settlement with the members of the
commission as well as an agreement to settle all
outstanding emoluments, last year.
He added that Ajimobi continued to use caretaker
chairmen so as to prevent a hiatus in the third tier of
government.
While noting that other minor cases remained, Layinka
said the major limiting case had been addressed hence,
Ajimobi’s recent commitment to conducting the election
in June.
“About nine years ago, under the Ladoja administration,
there was dissolution of the Oyo State Independent
Electoral Commission. The members of that commission
approached the court to challenge the dissolution of the
OYSIEC on the account that they were yet to see out
their tenure.”
“This administration met this legal battle. The members
of that commission also requested the full payment of
their emoluments. This led to the introduction of an
interim government in the past few years so as to
prevent a hiatus in the local government system.”
“There has been some kind of agreement between the
government and the members of that commission that
sued the state government, so there is a willingness to
settle out of court. Last year, the state government
agreed to pay these emoluments and the people, in turn,
decided to withdraw the case in the court. That was the
major case though there were other minor cases in
court. The major limiting case has been addressed.
Moreover, the governor has given his word about
conducting election in June.”
Furthermore, Layinka maintained that the action of the
state government did not give in to unconstitutionality.
He referred to Section 7 (1) of the constitution of the
Federal Republic of Nigeria 1999, as granting the Oyo
State House of Assembly powers to make certain laws for
the management and administration of local
governments where there were none.
“Section 7 (1) of the constitution of the Federal Republic
of Nigeria allows the House of Assembly, under what we
can call the doctrine of necessity, the power to make
laws for the governing, administration and management
of the finances of local governments within the period
there is no local government. The House of Assembly has
utilised this section to make laws over the years. These
extant laws guide the operations of the House of
Assembly.
Therefore, the government is not acting
unconstitutionally,” he said.
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