The other day it was Plateau State that President Umaru Yar'Adua ordered not to swear in her elected local government officials. This time it is Ondo State that is being over-ruled when its dissolved council was asked to re-constitute on direct orders from Abuja? Icheoku asks, is Nigeria now in a unitary system of government or is it still practising elected democracy by federating states? It is abhorable that Abuja does not seem to get it, that there are three tiers of government both at the center as well as in the 36 respective states. Further, each of these are independent of one another and cannot be dictated to by any of them, including the one at the center in Abuja. Under the military dispensation, it is alright for the head of the junta at Abuja to tele-guide his appointed minions in their respective states; but a new sheriff is in town as the governor of Ondo State was not brought into office on the mercy of President Umaru Yar'Adua. The governor won an election on his own merit, having been adjudged as the superior candidate by the the people of Ondo State who chose him to represent them and carry out their will. In an elected democracy, where leaders are elected by the populace, it is an aberration for an elected president to order an equally elected governor around? Icheoku calls on the Olusegun Mimiko led government of Ondo State to take a cue from Plateau State and resist Umaru Yar'Adua'a current attempt to subvert and undermine democracy in Ondo State. Mimiko should not take orders from Abuja as both him and President Umaru Yar'Adua enjoy equal grundnorm, deriving directly from their respective electorates. It is therefore inconceivable that this mallam, King of kings in Abuja, is following the template of discredited past military administrations in Nigeria, in thinking that he has omnibus powers over the states. Icheoku says, we don't think so. Our advise to the governor of Ondo State, is to go to court to contest the constitutional validity of his over-ruled order, sacking the local government officials of his state. Whether he has the authority to do so should be the prayer before such a constitutional court and let other things fall as they may. Icheoku is not an apostle of excessive powers being concentrated in anyone "demi-god" and for President Umaru Yar'Adua to now think that he could tele-guide whatever happens in every part of the federation, is another example of what is wrong with the Abuja sicko? Nigeria is no longer under a military unitary rule so President Umaru Yar'Adua should get that fact right into his head. Olusegun Obasanjo got away with such barrack-mentality of a central command, and declared states of emergency all over the place; sending his army to commit genocides in Odi and Zaki Ibiam without the Bayelsa and Benue States asking for such his intervention, in what is purely their internal state matter. Umaru Yar'Adua must and should be stopped from following in the foot-steps of the discredited Otta idol, Olusegun Obasanjo. Icheoku wonders who the legal adviser of President Umaru Yar'Adua is or does that portfolio fall under Turai's too? It was Plateau yesterday, today it is Ondo, and who knows whose turn it shall be tomorrow to become the next guinea-pig state for thwarting and suppressing constitutional democracy in Nigeria?
How can an elected executive of a state be over-ruled by another executive of another state (though bigger state, Nigeria)? Icheoku says, such suggests that Nigeria is not a truly federating states but still yoked to a unitary form of government; with Abuja still micro-managing the entire geographical entity called Nigeria. It is a tragedy which must not be allowed to see the light of the day. Also, that the federally controlled police is being used to perpetuate this unconstitutional anarchy is a reason to re-visit the need for the states to control their own police and use it to secure their mandate whenever threatened by such an over-reaching act of the central government in Abuja. President Umaru Yar'Adua is asking for trouble by forcibly subjugating the government of Governor Olusegun Mimiko led Ondo State. Icheoku says, peradventure, Umaru is not a student of history, otherwise he would have advised himself of the consequences of the Shehu Shagari's NPN attempted perversion of the electoral will of the Ondo people during the 1983 Omoboriowo aborted imposition.
May be this latest face-off is a PDP's ploy to take through the back door what the electorates of Ondo State, as affirmed by the court, denied them? Better still, President Umaru Yar'Adua should have awaited for the outcome of the court action, instituted by the sacked council men and women against Governor Olusegun Mimiko for their sack, before stepping into the fray. Icheoku says, Ondo State belongs to the Ondo people and they should be allowed to internally resolve whatever differences they may have in an Ondo fashion. For Abuja to just jump into such a family dispute, uninvited, is a fragrant abuse of powers of the central government and should be resisted by all men and women of goodwill in Nigeria. Whether the former Ondo State PDP governor Olusegun Agagu was right to conduct the local government election in the state in total disregard to a subsisting court order restraining him otherwise; whether the current Governor of the state, Olusegun Mimiko, was right to dissolved the "illegitimate" councils; and whether any constitutional provision was violated in any way, is a question for court's determination. Since the parties are already sui-juris, the meddlesome interloping of Abuja was uncalled for and can only be interpreted one way only, POLITICS! Icheoku says, the present political manipulation by President Umaru Yar'Adua's led PDP government to weaken and undermine the newly restored government of Olusegun Mimiko, should not be allowed to succeed. It should and must be resisted by all, and using every means necessary is a good enough option! Ondo people, do not let President Umaru Yar'Adua treat your governor like a paid prostitute!
PDP plots emergency rule in Ondo, says Mimiko
ReplyDeleteFrom Niyi Bello and Julius Alabi, Akure
ONDO State Governor, Dr. Olusegun Mimiko, yesterday accused the Peoples Democratic Party (PDP) of causing problems for his three-week old administration with the aim of "having a state of emergency proclaimed in this state."
The governor in a state-wide broadcast on radio and television referred to what he called "armed invasion of Ondo State Local Government secretariats by former PDP council chairmen" as a major step taken by the PDP to undermine the state authority and cause a breakdown of law and order.
On Monday, under heavy security cover provided by Police and other law enforcement agencies, all the 18 council chairmen and their councillors returned to the council secretariats claiming that the Presidency had ordered their return to office.
Mimiko, who thanked the people for standing by him during "the 22 months of legal struggle to reclaim your stolen mandate", recalled the circumstances that surrounded what he called the "illegal" emergence of the PDP council administrators and the steps he had taken to address the situation in his March 4 dissolution of the council political leadership.
According to him: "It is significant to note that the dissolution of the local council operatives was widely applauded by the generality of our people. Not a single incident of crisis or violence was recorded across the state. Rather, the people celebrated this definitive return to the path of democracy."
He said he was happy when these chairmen decided to institute a court action against the dissolution but "surprisingly however, reports reaching me indicate that the erstwhile chairmen, without waiting for the outcome of the court action, brow-beat the relevant authorities to mobilise fully-armed security personnel to invade the council secretariats with a view to forcefully take over the affairs of the local councils.
"We also have information that some local government secretariats have been looted while official documents have been distorted and destroyed. It is obvious that the situation I have outlined above is being manipulated by elements in the Ondo State PDP who are yet to come to terms with their loss of power in the state in order to create an impression of instability and a sense that the state is ungovernable.
"Indeed, their goal is to create a state of anarchy and lawlessness with a view to persuading President Umaru Musa Yar'Adua to declare a state of emergency in our dear state. The negative consequences of such an action are unimaginable."
The governor, however, expressed his belief that the President "who has demonstrated a very high sense of responsibility for peace, rule of law, stability and governance, not only in Ondo State but in the entire nation at large," would not do what is unjust.
While appealing to the people of the state to be law-abiding and avoid any situation that can lead to breakdown of law and order, he pledged the determination of his administration "to continue to take all necessary steps to prevent and arrest the breakdown of law and order."
Last Monday, Mimiko prayed an Akure High Court to restrain all the chairmen of the dissolved 18 local councils in the state from parading themselves as council helmsmen and particularly to forbid them from making any attempt to take over the administration of the councils, which the state government dissolved on March 4.
The governor, through his counsel, John Baiyeshea (SAN), as a defendant in the suit against the dissolution filed by the removed chairmen, also sought an order of the court barring the chairmen from doing anything that could disrupt the smooth administration of the councils "pending the determination of the substantive suit."
But one of the chairmen, Adedayo Omolafe, who is also the leader of the state branch of the Association of Local Government of Nigeria (ALGON), told The Guardian that "there is no court process that we instituted against the governor."
Omolafe, who is the Chairman of Akure South Local Council, said "we never instituted any action against the governor on this matter. Our position has been and still is that we are never dissolved as the governor has no power to do what he said he did. So, there was no basis for going to court at all.
"In actual fact, what the governor is seeking to do through the courts is to pre-empt us from going to our offices. We have done that on Monday even before he approached the court. It is an effort in futility. You cannot undo what you don't have power to do in the first instance."
Baiyeshea, who led nine other lawyers in a motion filed at the court, hinged the application on "the interest of justice, peace and order in the society to preserve the status quo in this matter pending the final hearing and determination thereof."
Mimiko's legal team further argued that "the governor did not need to have any sanction or resolution of the Ondo State House of Assembly before taking the action on March 4, 2009 as the Executive Governor of Ondo State with respect to the administration of local government councils in Ondo State."
They also averred that the plaintiffs "were never duly or legitimately elected as Chairmen of the Local Government Councils in Ondo State and as such cannot lay claim to have at whatever time legally presided over the said local government councils."
Meanwhile, council secretariats across the state were still deserted as Police continued to keep vigil and workers stayed at home in compliance with the directive of the National Union of Local Government Employees (NULGE) which, last Monday, directed that they should "stay away because of their personal safety."
As at 10.00 a.m. yesterday morning, two police trucks were parked in front of the Akure South Council secretariat while the chairmen and the councillors walked around the expansive complex as they could not gain access to their offices.
The ALGON chairman, who alleged that the state government was deliberately thwarting their resumption by "arm-twisting the union to bar workers from coming to office", said the council authorities would soon issue a directive for the workers to resume.
No going back on sacked LG bosses – Mimiko
ReplyDeleteBy Femi Makinde, Akure
Published: Thursday, 19 Mar 2009
Ondo State Governor, Dr. Olusegun Mimiko, has vowed not to rescind his decision on the sack of the chairmen of the 18 local government areas in the state.
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Mimiko
The governor said this on Wednesday during the inauguration of the Secretary to the State Government, Dr. Aderotimi Adelola, and his Chief of Staff, Dr. Kola Ademunjimi.
Mimiko said that the dissolution of the council bosses was the right and legal thing to do, considering what was on the ground when he took over on February 24.
“The ex-council chairmen remained sacked and should be addressed as ex-chairmen,” he said.
The governor, however, appealed to the people of the state not to be lured into violence.
He alleged that the state chapter of the Peoples Democratic Party is working towards causing anarchy.
Mimiko had on Tuesday in a state broadcast alleged a plot by the PDP to cause President Umaru Yar’Adua to impose emergency rule in the state.
The governor ordered the sack of the 18 council chairmen on March 4 after he had frozen the councils’ accounts.
But the LG bosses and the PDP majority at the state House of Assembly opposed the move. The lawmakers threatened the governor with impeachment, saying he lacked the power to unilaterally dissolve the councils without a recourse to the Assembly.
The sacked council bosses had on Monday defied Mimiko’s order and resumed work amidst tight security.
They claimed that they were ordered back to work by the Presidency and the state House of Assembly. But workers at the 18 councils shunned the chairmen and locked them out as they refused to resume for work.
The governor had filed a suit before an Akure High Court on the same day, praying the court to restrain the sacked council officials from parading themselves as chairmen of the councils.
But the PDP has denied the allegation that the party is plotting to cause the President to impose emergency rule on the state.
Addressing journalists in Akure on Wednesday, the Chairman of the PDP in the state, Dr. Tayo Dairo, said that the governor had committed impeachable offences since he took over 22 days ago.
Meanwhile, Mimiko has said that his administration will require 4,000 volunteers for the forthcoming census of unemployed persons in the state.
The governor said this while addressing executive members of the National Association of Ondo State Students who visited him in his office on Wednesday.
He said the census would afford the state government the opportunity to know how many people were employed, those who were underemployed and their skills.
The governor, who decried the high rate of youth unemployment in the country said that his administration was set to tackle the problem.
He promised to improve the standard of education in the state.
Court Restrains Sacked Ondo LG Chairmen
ReplyDeleteBy Yemi Akintomide Correspondent, Akure
After four weeks of legal battle to keep their jobs, 18 Peoples Democratic Party (PDP) council Chairmen and their Councillors in Ondo State have, for now, lost their bid to serve beyond March 4, the day Governor Segun Mimiko fired them and dissolved the councils.
The High Court in Akure granted an injunction on Wednesday that restrains members of the executive and legislature in the 18 councils of the state from parading themselves in office, pending the determination of the case.
Justice Nelson Adeyanju, who ruled on the interlocutory application brought by Mimiko through his counsel, John Baiyeshea, said the council Chairmen and Councillors and their agents are also restrained from administering or act in any other form or disrupting the activities of the 18 councils.
Baiyeshea had told the court that Mimiko has written an undertaken that he would not constitute any Caretaker Committee until the determination of the case, after dissolving the councils based on litigations restraining former Governor Segun Agagu from conducting the council election held on December 15, 2007.
After their sack, the council Chairmen, acting on a purported order from Abuja, had returned to work accompanied by mobile policemen.
Adeyanju ruled that 'in view of the undertaken entered into by (Mimiko), no Caretaker Committee should be constituted or any person/persons elected to run the affairs of the councils until the case is determined.
Baiyeshea told the court that 'we have filed a reply to the counter affidavit of the plaintiffs and we rely on the affidavit in support and we want the court to determine whether the Chairmen are justified on the legal processes that brought them to office. We also refer to paragraphs there, four, six, seven, eight, and nine of our affidavit.
'Also, the status quo we are saying is that the dissolution has taken place and the plaintiffs have seized to be in office since March 4, 2009 which they have accepted. The legal right of the Governor is based on Sections 5 (2) and 7 of the Constitution.'
He argued that there is no evidence that council workers were instigated by the state government, and that there is no place in the affidavit of the plantiffs that they have been functioning in their offices since the dissolution of the councils.
'The status quo is that they are out of office but trying to force themselves into the office. And since they have joined issue in the court, they should not have done any extra-judicial activities by forcing themselves in office again.
'The balance of conveniences favour the plaintiffs in view of the fact that the workers have stayed away since their action and we cannot sacrifice all the 18 (councils) for just 18 persons who stand to be compensated for any damage if the case goes in their favour.'