Oyo Former attorney general and ADC senatorial candidate in the February 19 general elections, Barrister Bayo Lawal has slammed the Chief Justice of Nigeria over his recent directive issued to Oyo state governor to reinstate sacked local government chairmen in the state.
In a statement made available to Mouthpiece NGR on Tuesday, the Aare Baamofin of kisi land described the order as laughable, saying such directive must be ignored for lack of authority both in law and Constitution.
The statement read: “The alleged directive by the Attorney General of the Federation to reinstate sacked Algon members in Oyo State is generating concerns and trepidation within the polity. The directive stems from the fact that before the 29th of may2019, a system of Local government administration was in place through an election. And as such, the present administration in the state ought not disturb it, citing Supreme Court judgement as a fulcrum.
“Let me first remind us that Local government administration in Oyo state has been bugged down through various controversies since the beginning of this 4th in 1999. Till date the controversies are still raging, which in fact was responsible for non conduct of election into the LGAs for seven out of eight years tenure of the last State administration. Some of the issues bothered on Constitutional interpretation of actions of government. However, l shall limit myself to recent developments which perhaps led the AGF to issue his purported directives to the Gov of Oyo(allegedly).
“I was privileged to serve Oyo as Attorney General between 1999 to2003,I claim to be a prominent member of that administration under Alhaji Lam Adesina. We proposed then to create more LGAs. We conducted referendum into areas we intended to carve out as new LGAs. Though, Oyo State Exco approved of creating the LGAs, the State House of Assembly could not pass it.
“Hence, it remained in the cooler until the last administration picked it up recently and passed into law. This was the beginning of the problem of last Algon members, because various litigation ensued thereafter which led to restraining order against the conduct of election into LGAs/LCDAs. That order of the High Court is still subsisting without being discharged. There was no appeal either. It is to be noted that against the order, the last state administration went through and conducted the “election” which in the eye of the law, was a nullity.
“The issues which gave rise to the order were non proper delineation of constituencies, combination of two areas from two LGAs to form a new LCDs.etc. These happened at Oyo zone, Ibadan NE, Lagelu and Ibarapa. For reason stated, above the election was generally boycotted by other political parties in the state. So, on assumption of power on the 29 of May 2019, it was not difficult for Gov Makinde to dissolve the so called Algon members in various LGAs.
“That step was right in law and equity. By virtue of many case laws, and decisions of our courts, the present administration has not done anything wrong to warrant reversing itself. Several years back, in the case of Mcfoy vs UAC, it was firmly established by the Court, that no one can put something on nothing and expect it to stand.It will collapse.Such is the case of Oyo State Algon members. This brings me to the purported directives to the Gov of Oyo state by the AGF.Two or more issues associate with the so called directives.
“Firstly, Whether the AGF is imbued with the vires to issue a directive to Gov of a State as allegedly done now, it(AGF), not being a Court, and secondly, whether with the facts on ground, Oyo State case is not distinguishable even if there is a Supreme Court judgement directing Govs to install democratically LGS in their states. Every case before a Court is decided on its peculiar facts. The facts of the case relied on by AGF are certainly not likely to be the same with the facts on ground here.
“More importantly, the present administration was not a party to the case relied on by AGF. The AGF, lacks, power to issue directive to Gov as he attempted to do. And, this is the reason office holders must appreciate the limit of the powers associated with the office. And his actions exemplified the reason for agitation to embrace true Federalism. The only course opened to ALGON members is to approach Court. In the result, the directive of AGF to Gov Makinde must be ignored for lack of authority both in law and Constitution.