Court declares appointment of TICs for Kwara LGs illegal
…describes Gov Abdulrazaq’s action as executive rascality, abuse of power
…asks c’ttee to refund earnings
PDP hails judgement, demands election
The Kwara State High Court in Ilorin on Friday declared the appointment of the Transition Implementation Committee (TIC) in the 16 LGAs of Kwara State as illegal, describing Governor AbdulRaman AbdulRazaq’s action as executive rascality and abuse of power.
The governor had in March 2021 inaugurated Chairmen of the transition implementation committee, TIC, for the 16 local government councils in the state.
However, the plaintiff, the Incorporated Trustees of the Elites Network for Sustainable Development (ENetSuD), had approached the court to challenge the legality of the appointments.
Defendants in suit no KWS/117/2021 are the Kwara State Governor, the Kwara State Government, and the Attorney General of Kwara State.
ENetSuD seeks the following reliefs, “A declaration that section 29 (1) to (5) of the Kwara State Local Government Law, 2005 is in conflict with section 7(1) of the Constitution of Federal Republic of Nigeria 1999 (as amended) and thus null, void and of no effect whatsoever to the extent that it empowered Governor of Kwara State to dissolve the democratically-elected Local Government councils and replace them with Transitional Implementation Committees/ Caretaker or whatsoever name called appointed by the Governor or any other body.
“A declaration that by virtue of the combined effect of section 7 of the Constitution of Federal Republic of Nigeria 1999 (as amended) and the provisions of section 18 and 28 the Kwara State Local Government Law, 2005 the Governor of Kwara State had no power to dissolve the democratically-elected councils of the sixteen Local Governments of Kwara State.
“A Declaration that 1999 Constitution of Nigeria (as amended) does not recognize the purported Transitional Implementation Committee/ Caretaker or any other name whatsoever called in Kwara State and the creation or appointing of such is therefore unconstitutional.
“A Declaration that the Respondents lack vires to release or use Kwara State resources to fund purported Transitional Implementation Committee/ Caretaker or any other name whatsoever called in view of sections 1(1), 7(1) and 15 (5) of the constitution of Federal Republic of Nigeria 1999 (as amended).
“An Order setting aside the purported appointment of Transitional Implementation Committee by the Kwara State Government of 5th March 2021 or any other dates whatsoever.
“An Order directing the 2nd Respondent (Kwara State Governor) to recover/refund back to the State Treasury all funds, remunerations and benefits already paid to members of the said Transitional Implementation Committees.
“An Order directing the 2nd Respondent (Kwara State Governor) to conduct Local Government election in the whole local government area of Kwara state with immediate effect in accordance with section 7 (1) of the Constitution of Federal Republic of Nigeria, 1999 (as amended).
Delivering his judgement, Justice H.A. Gegele agreed that the suspension of democratically-elected Local Government Council and replacement with an illegal TIC is not known to any law.
Ruling that ENetSuD has locus standi to pursue the case in court of competent jurisdiction, the judge granted all its prayers.
Reacting to the judgement, the Peoples Democratic Party in the state hailed the ruling, saying it was a welcome development and victory for democracy and the rule of law.
The opposition party also commended ENetSuD for fighting illegality, demanding justice and making efforts to deepen democracy in the State, saying that posterity would be kind to the group.
The PDP, in a statement by its spokesperson, Tunde Ashaolu said, “The ruling of the Court did not come as a surprise to us. It is in line with our earlier position that the Governor lacks the power to sack elected council chairmen and that the appointment of the Transition Implementation Committee (TIC) by him is unconstitutional, undemocratic, null and void. Today’s judgement is a victory for democracy, rule of law and the good people of Kwara State who have always demanded justice and adherence to due process.
“Our party commends ENetSuD for standing against illegality and impunity, for demanding justice and making efforts to deepen democracy in our dear State. Your doggedness and resilience eventually paid off. Posterity will be kind to you.
“Now that the Court has ruled that the caretaker committees are non-existent in the eyes of the law, we expect Governor Abdulrazaq to immediately initiate the process to conduct local government elections.”
