CSO Petitions Kwara Governor, 2 others over TIC
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CSO Petitions Kwara Governor, 2 others over TIC
By Abdulganiyu Abdulrahman Akanbi
A Kwara-based Civil Society Organization, CSO, Elites Network for Sustainable Development, ENetSuD has, on Monday 16th March, 2021 dragged the trio of Kwara State Government, Governor and the Attorney General of the state to court over Local Government Appointment.
The petition was made, partially, in an attempt to establish the legality of the suspension of the Local Government councils in the state and also the appointment of the Transition Implementation Committee (TIC) for the Local Government councils in Kwara State.
According to the information released and signed by the Organization’s Chairman on Media and Publicity Committee, Saeed Tijjani, the non-governmental organization posed series of judicial questions to the court which require onward answers.
In the same vein, the organization writes the judiciary on seven reliefs from the excessive of power and authority of the State Government and Governor over the Local Government Council in accordance to many referenced sections of the Constitution of Federal Republic Of Nigeria, 1999 by the petitioner.
It also sought clarifications over some legal issues revolving around the affairs of Local Government administration.
The petition in full:
TIC: ENetSuD DRAGS KWARA GOVERNMENT, GOVERNOR, AND AG TO COURT
The Elites Network for Sustainable Development (ENetSuD), a Kwara-based Civil Society Organization reputed for its #FollowKwaraMoney activities, has filed a suit against the trio of the Kwara State Government, the Kwara State Governor and the Attorney General of Kwara State over the purported appointment of the Transition Implementation Committee (TIC) for the Local Government Councils in Kwara State. The suit was filed today on behalf of ENetSuD by its Director of Legal Services, Lukman Raji Esq., who is a Legal practitioner at Gobir Imam & Co.
ENetSuD wants the Court to provide answers to the following questions:
Whether or not by virtue of section 7(1) of the constitution of the Federal Republic of Nigeria 1999 (as amended), the Kwara State Governor can suspend/dissolve democratically elected local government councils.
- Whether or not section 29 (1) to (5) of the Kwara State Local Government Law 2005 is in conflict with section 7(1) of the Constitution of the 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.
- Whether or not by virtue of sections 1(1), 7(1), and 15 (5) of the constitution of the Federal Republic of Nigeria 1999 (as amended), Kwara State Government can appoint Transition Implementation Committees (TIC) of Local Governments in Kwara State.
- Whether or not Transition Implementation Committees (TIC) of Local Governments in Kwara State is recognized by any law.
ENetSuD is seeking the following reliefs from the Court:
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 the 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 sections 18 and 28 of the Kwara State Local Government Law 2005, the Governor of Kwara State (i.e the 2nd Respondent) 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 appointment 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 fund, 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).
Signed,
Saeed Tijjani,
Chairman, Media and Publicity Committee,
Elites Network for Sustainable Development (ENetSuD),
16th March, 2021
