Court restrains sacked Oyo LG chairmen, AGF, IGP from forceful takeover of LG councils

The Oyo State High Court sitting in Ibadan, the State capital, on Tuesday, restrained the Attorney General of the Federation (AGF) and Minister of Justice, Abubakar Malami (SAN), Inspector General of Police, Muhammed Adamu and the sacked 68 chairmen of Local Governments and Local Council Development Areas (LCDAs), from forcefully taking over council offices across the state.

The Court, which was presided over by Justice Moshud A.A Abass, also restrained the Commissioner of Police, Oyo State Command, Mr Shina Olukolu and the Oyo State chairman of the All Progressives Congress (APC), Chief Akin Oke from joining in the illegal takeover.

Justice Abass in granting the four reliefs sought by the lead Counsel to the Government of Oyo State, Dr Akin Onigbinde, SAN, granted the orders following an ex-parte motion filed by the State Government in Suit No: I/78/2020.

He restrained the respondents in the suit from taking steps that would cause breach of the peace; taking over the 33 Local Government Councils and 35 LCDAs and/or assisting in forcefully reinstating the sacked chairmen pending the hearing and determination of the Motion on Notice.

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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 pending 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 a breach of peace by embarking on “self-help” to give effect to a letter dated 14th January 2020 with reference number HAGF/OYO/2020/VOL.I/1 issued by the Attorney General of the Federation to the sacked chairmen and the Inspector General of Police 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 Attorney General of the Federation was constitutionally empowered to issue orders and/or directives to the 1st to 4th Defendant to reinstate Local Government 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 on the motion on ex parte, 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 14 January, 2020 with reference number HAGF/OYO/2020/VOLI/I issued by the 5 Defendant to the 3d Claimant and the 4 Defendant to reinstate the sacked Chairmen of the 33 Local Governments Councils and Local Council Development Areas of Oyo State pending the hearing and determination of the Motion on Notice.

“An order of this Honourable court restraining the Defendants either by themselves, officers, agents, privies or otherwise from taking over the 33 Local Government Councils and Local Council Development Areas Secretariats, and/or assisting in areas of Oyo State Secretary forcefully reinstating the sacked Chairmen t Government Councils and Local Council Development Areas of Oyo State pending the hearing and determination of the Motion on Notice.

“An order of this Honourable Court restraining the Defendants either by themselves, agents, privies or otherwise from interfering with the rest 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 & 6 Ors v Bashorun Majeed Bosun Ajuwon & 10 Ors, and CA/IB/362/2019 between Bashorun Majeed Bosun Ajuwon & 10 Ors Vs Governor of Oyo State & 6 Ors., pending the hearing and determination of the Motion on Notice.

“An order of this Honourable 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.”