Judiciary

Oyo LG Tussle: Appeal Court Set to Deliver Judgment

The Court of Appeal sitting in Ibadan has reserved judgment in a suit filed by the Oyo State Government against the dissolved 33 Local Government Chairmen and 35 LCDAs in Oyo State.

In his argument, counsel to the Oyo State Government, Mr. Kunle Kalejaye, SAN, said the lower court has no jurisdiction to hear the case because it was premature as at the time the case was filed.

Mr. Kalejaye said the chairmen filed the suit at the lower court based on a rumour they heard that Engineer Makinde would dissolve them after his swearing-in on May 29, 2019.

He said the case was filed at the lower court and judgment obtained by the respondents before they were dissolved.

Mr. Kalejaye urged the court to dismiss the judgment of the lower court and uphold the appeal.

In his argument, Counsel to the respondents, Mr. Yusuf Ali SAN, said the action cannot be termed premature because the law allows a person to approach the court when such person noticed that his right would be threatened.

Mr. Ali said the law always protects the right of any individual and only an irresponsible person would wait for his eye to be plugged after noticing that such thing was about to happen.

He urged the court dismissed the appeal and uphold the judgment of the lower court to prevent such actions from happening in future. 

The three-man panel of Appeal chaired by Justice Jimi Bada reserved the judgment after hearing argument of counsel to both parties in the suit.

Justice Bada said the judgment date would be communicated to the respective counsels.

The Oyo State Government had appealed against the Judgment of the Oyo State High Court delivered on May 6, 2019 by Justice Aderonke Aderemi ordering the state government not to dissolve the elected 33 Local Government chairmenĀ and 35 LCDAs in Oyo State.

Sunday Ogunyemi

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