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Oyo State High Court, sitting in Ibadan, has restrained the Attorney General of the Federation (AGF) and Minister of Justice, Abubakar Malami (SAN), Inspector General of Police (IGP), Muhammed Adamu and the sacked 68 local governments and local council development areas (LCDAs) chairmen from forcefully taking over council offices across the state.
The court, which was presided over by Justice Moshud Abass, also restrained the Commissioner of Police, Oyo State Command, Shina Olukolu and All Progressives Congress (APC) Chairman, Akin Oke, from joining in the illegal takeover.
Justice Abass, in granting the four reliefs sought by the lead counsel to Oyo State Government, Akin Onigbinde, granted the orders following an ex parte motion filed by the state government.
He restrained the respondents in the suit from taking steps that would cause breach of the peace; taking over the 33 councils and 35 LCDAs and/or assisting in forcefully reinstating the sacked chairmen pending the hearing and determination of the motion on notice.
The court, also restrained the defendants or their privies from interfering with the matters pending before the Court of Appeal on the local government issue.
The parties and their agents were equally restrained from taking any step that could tamper with the hearing and determination of the motion on notice.
According to the court, the sacked chairmen as well as the four other defendants, their officers, agents, privies or otherwise were restrained from taking steps that would cause breach of peace by embarking on ‘self-help’ to give effect to a letter dated, January 14, 2020 with reference number HAGF/OYO/2020/VOL.I/1 issued by the AGF to the sacked chairmen and the IGP pending the hearing and determination of the motion on notice.
A copy of the motion on ex parte certified by the court showed that the Oyo State government had approached the court to determine “whether AGF was constitutionally empowered to issue orders and/or directives to the 1st to 4th defendant to reinstate council officials without a lawful court order and whether the defendants could lawfully take steps in respect of matters already before a court of law, or take steps to preempts the decision of a court of law, and precisely destroy the crux of the matters currently before the Court of Appeal.”
In its ruling, the court granted all the four orders sought:
“An order of interim injunction restraining the defendants either by themselves, officers, agents, privies or otherwise from taking steps that would cause breach of peace by embarking on self-help, through the letter dated, January 14, 2020 with reference number HAGF/OYO/2020/VOLI/I issued by the 5th defendant to the 3rd claimant and the 4th defendant to reinstate the sacked chairmen of the 33 councils and LCDAs of Oyo State pending the hearing and determination of the motion on notice.
“An order of this court restraining the defendants either by themselves, officers, agents, privies or otherwise from taking over the 33 councils and LCDAs secretariats, and/or assisting in forcefully reinstating the sacked councils and LCDAs chairmen pending the hearing and determination of the motion on notice.
“An order of this court restraining the defendants either by themselves, agents, privies or otherwise from interfering with the res of the matters being matter arising after appeal has been lodged, and not covered by the appeals in CA/IB/300/2019 between Governor of Oyo State and 6 Ors v Bashorun Majeed Bosun Ajuwon and 10 Ors, and CA/IB/362/2019 between Bashorun Majeed Bosun Ajuwon and 10 Ors vs Governor of Oyo State and 6 Ors., pending the hearing and determination of the motion on notice.
“An order of this court restraining the defendants or their agencies from further harassing and/or intimidating the claimants/applicant or any other officer of Oyo State with the police apparatus or any other law enforcement agency pending the hearing and determination of the motion on notice.”
Regardless, Association of Local government of Nigeria (ALGON) Oyo State has vowed to continue in office despite an injunction purportedly procured by the state government.
In a statement yesterday, ALGON Chairman, Ayodeji Abass-Aleshinloye, said it is a fact that there cannot be a restrain order for an action that had already been completed while the purported order had not been served on any member of ALGON.
“It is unfortunate that the state continues to embark on an exercise in futility. Our people have resumed office since Friday 24 and Monday, January 27, 2020 and they (state government) claimed to have an order of restrain procured today, Tuesday, January 28, 2020.
“Meanwhile that order has not been served on anyone and if eventually served on anyone, it is of no legal effect. Is it possible to restrain an action that has already been completed?” Abass-Aleshinloye said.
