A Kwara State High Court sitting in Ilorin on Friday has sacked all the TIC members and their Chairpersons in all the 16 Local Government Area of Kwara State.
While delivering the judgement in a suit numbered KWS/117/2021, brought before it by the incorporated trustees of the Elites Network for Sustainable Development against the Kwara State Government, Kwara State Governor and the Attorney General of Kwara State. Justice H.A. Gegele declared the appointment of the TIC members as illegal and the action taken by the State Government as “abuse of power” and one it described as “Executive rascality.”
The judge ruled in favor of the group (Enetsud) that it has locus standi to pursue the case in court of competent jurisdiction as against the submission of the State Attorney General, Salman Jawondo
While admitting all the exhibits and evidences submitted by Enetsud, The Court agreed that the Kwara State Government suspended a “democratically-elected Local Government Council” and then replaced them with an “illegal Transition Interim Committee that is not known to any law.“
The court subsequently granted all the prayers that were sought by the Incorporated Trustees of the Elites Network for Sustainable Development.
- 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).