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Dissolution Of Oyo State Independent Electoral Commission Illegal-ALGON

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Seyi Makinde

The dissolution of the Oyo State Independent Electoral Commission (OYSIEC) by the state government has been criticized by the Association of Local Government of Nigeria, ( ALGON) Oyo state chapter.

In a statement sent to journalists on Sunday, July 7 and signed by its chairman, Prince Abass Aleshinloye, ALGON said the dissolution was illegal, unconstitutional and arbitrary, adding that the commission has a statutory five-year tenure which ends in 2021.

Describing the action of Governor Seyi Makinde as yet another faulty and illegal step in the series of lawlessness and executive rascality the government of Oyo state is now known for, Aleshinloye said the governor’s statement that all the entitlement due to the members of the dissolved commission would be paid in order to absolve the state of any liability is “laughable and humiliating of the commission’s members.”

Further, he said: “We have become an endangered state with Governor Seyi Makinde’s unending assault on all that is legal and constitutional. We woke up to the announcement of the illegal and reckless act of dissolution of the statutory commissions in Oyo state this week by the governor. “In his ill-conceived attempt to avoid the self-inflicted liability occasioned by his lawless act, he made a promise of ‘naira rain’ to members of the illegally dissolved commissions as a ‘compensation’ to members of the bodies.

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Not only is this laughable, humiliating of the distinguished members  of these commissions who he has presented as if they are hungry for gain rather than to serve, it is also embarrassing  and smacks of poor administrative judgement and disregard for all that is hallowed in any sane clime.”

Aleshinloye advised the governor against the planned monetization as, “illegalities cannot be monetized and commercialized,” adding that monetization of lawlessness does not cure its illegality.  He described the action as corruption in its basest form, “morally reprehensible, unconstitutional and cannot stand the test of law.”

He wondered where the governor would source the money from and described the action as a further “plunder of our commonwealth” in a state he has described as bankrupt. Aleshinloye further said the governor would be incapable of demanding prudence and probity from workers if he was also laying bad examples. “If a worker is found collecting two or more person’s salary now, is it different from what Mr Governor is authorizing and doing now? We have had an administration reputed and branded as the, builder of modern Oyo state, but it seems Governor Makinde is gaining notoriety as the initiator of a lawless Oyo state

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“It is our prayer that our people will not follow this example. When President Buhari assumed office in 2015, he worked with the INEC, FJSC,NJC, CBN and other commissions duly constituted till their tenures expired. We thought this introduced a new spirit into governance in Nigeria, but clearly our governor still lives in the unfortunate past,” he said. Aleshinloye called on ALGON members, secretaries, councillors and supervisors to  ignore the directive to a committee set up earlier to probe the accounts of elected local government administration by the governor. He described the committee as another illegality that is  unknown to the Nigerian constitution and an affront on subsisting court judgement.  “We therefore join the good people  of Oyo state to demand a reversal of such poor and reckless executive decision,” he concluded.

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Edo Assembly: Court Upholds Obaseki’s Proclamation

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Funke osibodu

  …Says N’Assembly lacks jurisdiction to take over Edo State assembly

 

A Federal High Court sitting in Port Harcourt,Rivers State today, Thursday, September 12, 2019 upheld the proclamation of the seventh Edo State House of Assembly made by Governor Godwin Obaseki IN a SUIT NO. FHC/PH/CS/159/2019: Hon Yekini Idiaye & Anor V. Clerk of The NASS & 5 Ors:*

In the final judgement delivered by Justice J.K Omotosho, the court ruled that a Governor does not have the powers to issue a second proclamation after a first proclamation has been made.

According to Justice Omotosho, the Governor of a state does not take directive from National Assembly, adding that the proclamation issued by Governor Obaseki is valid; to do otherwise is null and void. The learned Justice Omotosho made following pronouncements to assert the decision of the court:

(e) That the word proclamation has been defined by Black’s law Dictionary. That from the definition, Proclamation must be in writing and published by printing out and duly signed under the hand of an identified person issuing same. That as far as law is concerned, the 6th Defendant has duly issued the required proclamation as provided for under the Constitution of Federal Republic of Nigeria 1999.

(f) That NASS cannot under the Constitition of Federal Republic of Nigeria 1999 issue directive to a Governor of a state in the performance of his constitutional duties.

(g) That the Supreme Court’s decision in Balonwu’s case with respect to Anambra State Gov’s proclamation under Ngige is to the effect that proclamation can only be issued once as done by the 6th Defendant in this Edo State case.

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(h) That d directive of NASS to the 6th Defendant has the effect of creating a constitutional crisis by elongating the life of Edo State House of Assembly beyond the constitutionally recognized 4 years, the house haven been duly inaugurated on 17/6/19.

(i) That the proclamation issued by the 6th Defendant on 14/6/19 for the inauguration of ESHA on 17/6/19 is valid and subsisting in law and the directive of National Assembly to the 6th Defendant to issue another proclamation is unconstitutional, null and void, just as the directive for the premises of the Edo State House of Assembly to be sealed off.

(ii) ( j) That State Governments under the Nigerian Constitution are autonomous and not appendage of the National Assembly.

He noted that the National Assembly lacks the jurisdiction to take over the Edo State House of Assembly, as doing so will amount to infringing on its right to function.

”Edo State House of Assembly is not an appendage of the National Assembly.” the learned Justice added.In addressing the prayers of the claimants,the court made a pronouncement as follows:

(a) That the National Assembly lacks the power/vires under the Constitution of the Federal Republic of Nigeria 1999 as (amended) to take over the Edo StateHouse of Assembly as the depositions of the claimants in their affidavit that the Edo State House of Assembly (ESHA)  is still meeting and transacting business was not  controverted by the defendants.

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(b) That the intention of the drafters of Section 11(4&5) of the Constitution of the Federal Republic of Nigeria 1999 is not for the National Assembly to adjudge on it’s own when the condition precedent laid down by  the sections for the exercise of the power under Subsection 11(4) has happened and attempt to take over the legislative functions of the ESHA on every flimsy excuse.

(c) That NASS cannot unilaterally declare that a State House of Assembly is unable to perform its legislative functions, it is the duty of the court to make such determination upon the issue if and when properly submitted to it for determination. It is after such determination by the Court that the National Assembly can exercise its powers under Section 11(4). It is not the duty of NASS to interprete the Constitution, that is the exclusive preserve of the courts.

(d) That the NASS directive to seal off the ESHA is ultra vires the NASS as it is like the President Ordering the sealing off of a state Governor’s office.

It would be recalled that a political crisis engulfed the Edo State House of Assembly in June 2019 following the refusal of some members-elect to get inaugurated. The National Chairman of the All Progressive Congress (APC),Comrade Adams Oshiomhole has been fingered as the mastermind of the crisis in his attempt to take over the control of the political machinery and organs of government of Edo State.
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Breaking: Tribunal Validates Buhari’s Election

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Bills

The Presidential Election Petition Court (PEPC), has validated the election of President Muhammadu Buhari.

PEPC thus dismissed  the argument of the Peoples Democratic Party (PDP), that President Buhari  was not academically qualified to contest the election.

Buhari was re-elected for a second term in office in February under the platform of the All Progressives Congress (APC), however his eligibility was questioned in court by the PDP.

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In its rulling on Wednesday, the tribunal ruled that Buhari possesses the West African School Certificate Examination, (WASCE) to contest the 2019 presidential election.

It said Buhari was not only qualified but “eminently” qualified to contest the election, saying that the petitioners, PDP and its presidential candidate at the election, Atiku Abubakar, could not dispute the fact that Buhari obtained WASCE which qualified him for the election.

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The court said apart from being qualified, the president also obtained other certificates to validate claims that he is eminently qualified for the presidential poll.

Chairman of the tribunal, Garba Mohammed, therefore, struck out the claims by PDP and Atiku.

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APC Might Not Exist Beyond 2023-Senator Okorocha

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Arrest
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