By Akeem Abas
Ibadan, July 15, 2020 (NAN) The Association of Local Governments of Nigeria (ALGON), Oyo state chapter, has promised to appeal the verdict of a Judgment delivered against it by the Court of Appeal, sitting in Ibadan on Wednesday.
Prince Ayodeji Abass-Aleshinloye, ALGON chairman, said in a statement on Wednesday in Ibadan.
The News Agency of Nigeria(NAN) reports that the appellate court had struck out an appeal filed by ALGON over an injunction restraining the state government from dissolving them.
ALGON rejected the ruling, which described its case as speculative on the dissolution of elected chairmen and councillors in the State.
Abass-Aleshinloye said that the judgment clearly shows that the course of justice was not served, adding that they would proceed to the Supreme Court for redress and judicial interpretation.
According to him, the judgment is a subtle hibernation in legal technicality without due consideration of the hard facts of the issues and the valid points of law.
He said that upholding the appeal by state government because the injunction given by the state High Court was speculative veered off from the facts of the matter which should have been considered.
He said: “If the local government election held after a high court discharged the initial injunction on the conduct of the election was speculative.
“Was the mandate freely given by the people also speculative? It is trite in law that governors or state assemblies cannot dissolve elected local government just like federal cannot dissolve state government.
“This position has been reinforced many times by the Supreme Court, the ultimate court of law, which has the force of the constitution as its judgment applies to everyone and courts”
The ALGON chairman said the appellate court had by the judgment revised the Supreme Court judgement and technically return the illegal power of dissolution of local government to the governors through the back door.
“This is dangerous and a setback to democracy and the rule of law. We humbly reject the judgement and we shall proceed to the Supreme Court for a review,” he said.
Abass-Aleshinloye said that the association lawyers have been informed to take the necessary action.
He said that as elected chairmen and councillors, they would continue to defend democracy and the mandate freely and peacefully until justice was done.
By Akeem Abas