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Supreme Court: Governors can’t sack elected local governments

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Local government administration got a landmark victory on Friday after the Supreme Court, in two separate judgments, declared that state governors have no power whatsoever to sack democratically elected local government chairmen and councillors.

The apex court said the 2015 dissolution of the 34 LGs in Katsina State by Governor Aminu Masari and the 2019 sack of the chairmen and councillors of the 33 LGs and 35 Local Council Development Areas in Oyo State by Governor Seyi Makinde were in breach of Section 7(1) of the 1999 Constitution.

The five-man panel was unanimous in the judgments.

Nigerians have hailed the judment as victory for local governent admiistration in the country.

Youth and Sports Development Minister, Sunday Dare, and the Chairman Senate Committee on Local Content, Chief Teslim Folarin, hailed the court for the verdicts.

The Supreme Court held that Masari and Makinde acted illegally and unconstitutionally by removing democratically elected Local Government Councils.

The two judgments were on the appeals filed by sacked LG chairmen and councillors from both states.

The LG chairmen and councillors from the 34 LGs in Katsina, led by Abubakar Ibrahim Yantaba, were elected on the platform of the Peoples Democratic Party (PDP) but were sacked in 2015 by Masari of the All Progressives Congress (APC).

Those from the 33 local government areas (LGAs) and 35 local council development areas (LCDAs) in Oyo State, led by Ayodeji Abass-Aleshinloye, were elected under the banner of the APC but were sacked in 2019 by Makinde of the PDP.

Justice Adamu Jauro, who read the lead judgment in the appeal on Katsina, ruled that Masari acted ultra vires by sacking the appellants on allegation of financial misappropriation of councils’ funds.

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Justice Jauro ordered the Katsina State Government to pay the appellants all their entitlements from the date of their illegal dissolution to the date they were supposed to lawfully vacate office.

In the case of Oyo State, Justice Ejembi Eko, in the lead judgment, said Makinde acted “invidiously and in contemptuous disregard of a High Court judgment” when he dissolved the democratically elected chairmen and councilors and appointed caretaker committees to replace them.

Justice Eko set aside the judgment by the Court of Appeal in Ibadan, which validated Makinde’s action, noting that the lower court was wrong when it held that there was no reasonable cause of action in the suit the appellants filed to prevent their sack.

He noted that the three-year tenure of the sacked chairmen and councillors has since expired, but he proceeded to hold that they deserved to be compensated for their tenure that was “illegally truncated” on May 29, 2019.

Justice Eko ordered the Oyo State Government to pay the sacked chairmen and councillors their accrued salaries and allowances.

He ordered the Attorney-General of Oyo State to file an affidavit before August 7 this year confirming the payment of the salaries and allowances to the appellants.

He equally awarded a cost of N20 million in favour of the appellants.

Other members of the panel, Justices Kekere Ekun, Inyang Okoro, Ibrahim Saulawa and Adamu Jauro, agreed with the lead judgment.

The Attorney General of the Federation (AGF) and Minister of Justice, Abubakar Malami, had faulted Makinde’s decision in a January 14, 2020 letter.

READ  Oyo Assembly approves another N6b loan for Makinde

In the letter marked HAGF/OYO/2020/Vol.1/1, which was addressed to the Oyo State Attorney General, Prof. Oyelowo Oyewo, Malami drew Makinde’s attention to past decisions of the Supreme Court on the issue and advised him to reverse the dissolution.

But rather than heed the AGF’s advice, Makinde queried Malami’s jurisdictional competence, claiming, among others, that the issue was internal to Oyo State.

Youth and Sports Development Minister, Sunday Dare, hailed the Supreme Court’s judgment as a landmark achievement in the present government’s efforts to deepen democracy at the grassroots.

Dare noted that with the “unsparing, unequivocal and unambiguous” judgment by the highest court in the land, it has now become crystal clear that no state government has the power to sack any elected council chairman or councillor, as correctly envisioned by President Muhammadu Buhari.

He commended the gallantry of the local government chairmen under the leadership of Prince Abass Ayodeji Alesinloye, stressing that their steadfastness and doggedness eventually paid off not only for themselves but for democracy as an institution at the grassroots.

The minister also praised their legal team led by Chief Niyi Akintola for a thorough and painstaking legal battle fought almost gratis for the sake of the APC.

Dare praised the immediate past governor of the state, the late Senator Abiola Ajimobi, for his role in ensuring that due diligence was done in the conduct of the local government election and the profound leadership given to the local government executives in the pursuit of the case until his death.

The minister said he was particularly elated that the APC was able to “finally lay this issue bordering mainly on tyranny of power by state governors to rest.”

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While congratulating the chairmen and councillors, Dare urged them to remain totally committed and loyal to the party in order to collectively win back Oyo State for APC.

For Chief Teslim Folarin, Chairman Senate Committee on Local Content, the Supreme Court’s judgment is a defining judgment and a triumph for Oyo State and the APC family in general.

Folarin, who represents Oyo Central in the Senate, said the Makinde administration in the state “committed a constitutional blunder by unjustifiably sacking the validly elected council chairmen and councillors. It is an anomaly for the governor to dissolve elected council officials, just like the Federal Government cannot dissolve state government.”

He urged APC stakeholders in Oyo State to remain united “with a view to dislodging the PDP government in the 2023 general elections.”

He said: “With this Supreme Court victory, the late former governor Abiola Ajimobi has been vindicated. May Allah forgive his shortcomings and grant him Aljana Fridauz. Amin.”

Chief Niyi Akintola (SAN), who led the legal team of ALGON in Oyo State, said: “This time around, the Supreme Court went further to drive home the point.

“What happened in Oyo State was not the first time. It had happened in several other states. The Supreme Court has given the judgment to correct the act of impunity perpetrated by some of our governors.

“This time around, the Supreme Court went further to set four different precedents that have never happened in the annals of Nigeria’s jurisprudence.”

 

 

 

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Kaduna Gov Sani offers free education to rescued Kuriga students

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Governor Uba Sani of Kaduna State has offered free education to the rescued Kuriga school students under his foundation. 

 

The governor also promised to rebuild the LEA primary and government secondary school in Kuriga, in addition to providing other basic infrastructure in the community.

 

Addressing the children at the state house before their departure to Kuriga on Thursday, Governor Sani assured them that the kidnapping incident, would not in any way affect their education, stating that adequate security has been provided to the Kuriga community, to ensure that the residents go about their daily lives without fear.

 

He also announced an N10m donation to the family of the head teacher, Abubakar Isah who died in captivity, as well as offered scholarships to his children up to university level.

 

“Yesterday, the parents came here, met the children and everyone was happy. I would like to give credit to the children who have since been handed over to the Kaduna State government. They were very patient with us. They also understand the situation they found themselves in. When they came back, we realised that some of their situations were serious mentally. That was why we decided to engage the services of psychologists, and they went through a lot of sessions with doctors and nurses, counselling and therapy. I am happy that all the children here are extremely happy and in high spirits.

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“When we met two days ago, they told me they did not want to go back home, and that they wanted to stay with me for the next two weeks. But I told them it was not possible, and that they had to go home. Their parents are missing them after about 17 days since they last saw them.

 

“They will go home by the grace of God today. And I want to say here today, that all the 137, like I promised them; will be my students by the grace of God. I have already directed the Uba Sani Foundation which has been in existence for the past 16 years delivering free education and healthcare, to look after them.

 

“I have also directed, that a lot of renovation be put in place in the community and the schools because to me, Kuriga community is one of the most peaceful communities in Kaduna State.

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“All the children are back safely, but we lost only one teacher, and may his soul rest in peace. Mallam Abubakar was a good man, and his children have missed him. We all miss him. He was one of the most resourceful teachers in the school, but we lost him.

 

“The Kaduna State government will be supporting the children of Mallam Abubakar through school. We will also be supporting the family with N10m because of what they went through. Mallam Abubakar died due to some medical conditions he had. May his would rest in peace,” he said.

 

The fresh move comes after the governor was said to have allegedly employed the services of a private negotiator, a move which had led to the release of the students from captivity.

 

The news of the children’s release met with further questioning from the public, who demanded an explanation of how the governor was able to secure their freedom.

 

However, while speaking on Channel Television’s Sunday Politics, the governor argued that it was irrelevant whether or not a ransom was paid to free the abducted Kuriga students.

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According to him, what was important was the fact that the government had been able to rescue all of them unhurt.

 

He said: “What is more important today is that our children are back home. Most of those permutations are not necessary. If your child is kidnapped, will you be sitting down and talking about how he was released?

“For me, what is more important is that those children are back home. Their parents are extremely happy and what is important to them is to reunite with their children.

 

“But some people who have no business with the situation are the ones coming out with some irresponsible permutations about whether ransom is being paid, whether someone had gone into the kinetic or non-kinetic approach. What is important to us in Kaduna is that the children are back home.”

 

The schoolchildren were abducted from LEA Primary School and Government Secondary School, Kuriga, about four weeks ago, however, the Defence Headquarters, on Saturday, said they had been rescued.

 

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FAAN shuts KFC at Lagos airport over alleged discrimination against Gbenga Daniel’s son

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The Federal Airports Authority of Nigeria (FAAN) says it has shut down Kentucky Fried Chicken (KFC), an international fast food restaurant chain, at the Murtala Muhammed International Airport, Lagos, over discrimination against a passenger.

 

On March 27, Debola Daniel, son of Gbenga Daniel, former governor of Ogun state, had posted on his official X page about his experience at KFC, MMIA branch.

 

According to Daniel, the restaurant had stopped him and his family from entering, stating that “no wheelchairs were allowed”.

 

“Just as we were about to sit, the lady at the till – who was apparently the manager – called out loudly, ‘No Wheelchairs Allowed’,” he posted.

 

“She refused to listen to reason and stood her ground that at kfcnigeria Murtala Muhammed branch, wheelchairs and wheelchair users of all shapes and sizes were not permitted in the premises and we should leave immediately.

 

“I have never been the type of person to make a fuss or complain about my disability.”

Reacting to the development in a statement on Thursday, Obiageli Orah, director, public affairs and consumer protection at FAAN, said the authority had investigated the matter and made their decision.

 

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Orah added that the shutdown will take effect from today, March 28.

 

“In line with Lagos State law on people with special needs, Part C, section 55 of General Provisions n Discrimination which states that, ‘A person shall not deprive another person of access to any place, vehicle or facility that members of the public are entitled to enter or use on the basis of the disability of that person’,” FAAN said.

 

“The management of the Federal Airports Authority of Nigeria (FAAN) has closed the KFC facility at the Murtala Muhammed International Airport in Lagos with effect from March 28, 2024.

 

“This is as a result of a social media report by a Passenger with Reduced Mobility (PRM), alleging discriminatory treatment he received at the Murtala Muhammed International Airport, Lagos.

 

The MD/CE of FAAN, Mrs Olubunmi, Kuku intervened swiftly by deploying a management team comprising the Director, Public Affairs and Consumer Protection,  Mrs Obiageli Orah, the Regional  Manager  South West, Mr Sunday Ayodele, Ag. General Manager Public Affairs, Mrs Ijeoma Nwosu-Igbo and the International Terminal Manager, Mr Kerri, to investigate the allegation. 

 

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“It is based on the findings of the team that FAAN  has shut down the KFC facility at the MMA, where the incident occurred.”

 

Orah said the authority has instructed KFC management to tender an unreserved apology, in writing, to the affected PRM and a policy statement of non-discrimination be written and pasted conspicuously at the door post of their facility at MMIA before it resumes operation.

 

The authority also apologised to Daniel and assured all airport users that they will continue to work tirelessly to ensure that the rights of every passenger are not infringed upon.

 

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JUST IN: Detained Binance’s executive drags Ribadu, EFCC to court

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Tigran Gambaryan, Binance’s head of financial crime compliance, has sued Nuhu Ribadu, the national security adviser (NSA) and the Economic Financial Crimes Commission (EFCC), alleging violation of his fundamental rights.

 

According to reports on February 28, Gambaryan was detained, alongside Nadeem Anjarwalla, Binance’s regional manager for Africa, by the Nigerian authorities after honouring the invitation of the office of the national security adviser (ONSA) and EFCC to discuss issues relating to the company’s operation in Nigeria.

 

Gambaryan and Anjarwalla’s passports were seized by ONSA.

 

However, on March 25, Anjarwalla escaped from custody and fled Nigeria with a smuggled passport.

 

Before escaping custody, on March 12, Anjarwalla was reported to have fallen illwhile in detention.

 

According to reports on Thursday, Gambaryan, in the originating motion dated and filed March 18 by his lawyer, Olujoke Aliyu, from Aluko and Oyebode Law Firm, sought five reliefs before Justice Inyang Ekwo.

 

Also, Anjarwalla filed a separate right enforcement suit before Ekwo.

 

Gambaryan and Anjarwalla, in the suits marked: FHC/ABJ/CS/356/24 and FHC/ABJ/CS/355/24, had sued the ONSA and EFCC as 1st and 2nd respondents.

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The duo sought the same relief.

 

Gambaryan, a US citizen, in his application, sought a declaration that his detention and seizure of his international travel passport contravened Section 35 (1) and (4) of the 1999 Constitution (As Amended).

 

He said the act amounted to a violation of his fundamental right to personal liberty as guaranteed by the constitution.

 

The Binance executive also sought an order directing the respondents to release him from their custody and return his international travel passport with immediate effect.

 

Gambaryan equally sought an order of perpetual injunction restraining the respondents and agents from further detaining him in relation to any investigation into or demands from Binance.

 

Also, he sought an order for the respondents to issue a public apology to him, and also prayed for the cost of the action on a full indemnity basis.

 

In a statement in support of the suit, Gambaryan said he is an American citizen who visited Nigeria on February 26, along with his colleague to honour the invitation of the ONSA and EFCC to discuss issues relating to Binance in Nigeria.

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Giving an 11-ground argument as to why his application should be granted, Gambaryan said he and his colleague, Anjarwalla, dutifully attended the meeting.

 

Gambaryan said after the meeting, they were detained by the respondents and had remained in detention since then, adding that he did not commit any offence during the meeting, nor was he informed in writing of any offence he committed in Nigeria at any other time.

 

“The only reason for his detention is because the government is requesting information from Binance and making demands on the company,” he said,

 

Gambaryan also said he was not a member of the board of directors of Binance.

 

ANJARWALLA’S SUIT WITHDRAWN

When the two suits were called on Thursday, Tonye Krukrubo, appeared for Anjarwalla and Gambaryan.

 

Krukrubo told the court that though the respondents were served two days ago, they were not represented in court.

 

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The lawyer, however, drew the attention of the court to their notice of withdrawal of legal representation for Anjarwalla filed on March 26, without giving details of why they were withdrawing their legal representation.

 

Also, upon resumed hearing in Gambaryan’s suit, Krukrubo said though the processes had been served on ONSA and EFCC, they were still within time to respond.

 

He, therefore, sought an adjourned date, saying the respondents’ time to file their applications would expire next week Thursday.

 

In his judgement, Ekwo said having withdrawn their legal representation, “it means that the applicant has no legal representation and requires that the matter be adjourned for the applicant to seek legal representation and for the respondents to be given an opportunity to come to court”.

 

The judge adjourned the matter until April 8 for further mention.

 

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