•How 16 Baales’ suit created legal impasse
An Abuja Federal High Court judge, Justice John Tsoho, has ordered the Oyo State Independent Election Commission (OYSIEC) not to proceed with its plan to conduct local government election slated for February 11.
The judge also directed the Accountant General of the Federation, the Central Bank of Nigeria (CBN), the Ministry of Finance to withhold monthly allocation to the 33 local government councils in the state.
The orders were made in Abuja on Friday following a motion ex-parte filed in the suit number FHC/ABJ/CS/11/2017 on behalf of 16 Baales from Oyo Federal Constituency by the lawyer, Ahmed Raji SAN, pursuant to the creation of 35 local council development authorities (LCDAs) in the state.
The creation of the LCDAs by the state government last year was said to have tampered with the boundaries of the 33 existing local government areas recognised in the 1999 Constitution.
Sunday Tribune learnt that some communities, which were hitherto under Oyo Federal Constituency, got ceded to local government areas which fall within the boundary of Oyo North Senatorial district.
The four local government councils in Oyo Federal Constituency are within Oyo Central Senatorial district.
The court also directed that monthly allocation to the 33 councils should be lodged in an interest-yielding account to prevent the state government from usinvg same to fund the LCDAs as prayed by the plaintiffs.
The Independent National Electoral Commission (INEC) was also restrained from supporting OYSIEC in the conduct of the election through the release of voter register or any other material.
Also included was an order compelling the CBN to direct all commercial banks in the country to stop any dealings or transactions with the 35 LCDAs.
The plaintiffs aver that the law enacted by the state House of Assembly to legitimise the LCDAs is “an illegal contraption, which is null and void, having been enacted in violation of the relevant provisions of the 1999 Constitution.”
The Alaafin of Oyo, Oba Lamidi Adeyemi, is joined as a defendant too as well as Governor Abiola Ajimobi, the state House of Assembly, Attorney General and Commissioner for Justice.
The matter has been adjourned to February 7 for hearing of motion on notice filed by the plaintiffs who include: Chief Oladokun Abiola; Lasisi Jokaola; Tesleem Adekunle; Jimoh Oyeleye and others.
