A Kwara State High Court sitting in Ilorin yesterday sacked the composition of the Transitional Implementation Committee (TIC) chairmen and members in the 16 Local Government Areas of the state.

This is as the Kwara State Government has said that it would appeal against the judgement of the state High Court that sacked the composition of the Transitional Implementation Committee in the 16 local councils of the state.

The Kwara State chapter of the Peoples Democratic Party (PDP) has hailed the judgment of a state High Court, sitting in Ilorin, which declared the appointment of caretaker chairmen for the 16 local government councils in the state as illegal, null and void.

Delivering his ruling yesterday, the trial judge, Justice Hassan .A. Gegele, described the action of Governor AbdulRahman AbdulRazaq as executive rascality and an abuse of power.

Justice Gegele described the composition of TIC officials in the local government councils as illegal and unconstitutional, noting that the suspension of the democratically-elected councils officials in the state who were replaced with the illegal TIC was not known to any law.

The judge said that the suspension of a democratically-elected Local Government Council and their replacement with an illegal TIC by the state government was not known to any law.

The judge who ruled in favour of an Ilorin-based Elites Network for Sustainable Development (ENetSuD), admitted that the anti-corruption civil society organisation in Kwara State was a juristic person with a legal personality that could sue and be sued.
According to him, ENetSuD had the locus standi to pursue this case in court of competent jurisdiction.

The affected officials were put in place by Governor AbdulRazaq in June this year after the suspension of the democratically-elected council chairmen and councillors from office.

The ENetSuD had dragged the state government to court over the composition and inauguration of TIC members in the 16 Local Government councils of the state.

In suit No. KWS/117/2021, ENetSuD dragged the respondents (Kwara State Government, Kwara State Governor and Attorney General of Kwara State) to the State High Court to seek some reliefs on the case.

Among the reliefs sought by the organisation include, 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.

The declaration that 1999 Constitution of Nigeria (as amended) does not recognise 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, 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 and 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).

Reacting to the judgement yesterday in Ilorin, the State Attorney General and Commissioner for Justice, Mr. Saliman Jawondo, was a finality as the statement would pursue the case up to the Supreme Court.

“The judgment in respect of the case filed by the incorporated Trustee of Elite Network for Sustainable Development was delivered today, the 8th of October, 2021.

“We wish to state that the reasoning of the trial judge is not a finality on the issue as it is subject to appeals at the higher benches, up to the Supreme Court. This allowance is guaranteed under our law.

“In exercise of its right of appeal as enshrined under the 1999 Constitution as amended, the state government intends to explore that right. It will also, as allowed under the law, seek immediate stay of execution of the judgment of the trial court,” Jawondo stated.

Reacting to the judgment, the PDP in a statement by its state Publicity Secretary, Tunde Ashaolu, said the ruling was a welcome development and victory for democracy and the rule of law.

The 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 ruling of the court did not come as a surprise to us. It is in line with our earlier position that the governor lacks power to sack elected council chairmen and that the appointment of 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 a process to conduct local government elections,” the Kwara PDP stated.