An Oyo State High Court sitting in Ibadan, the state capital, has restrained the 68 sacked council chairmen and chairmen of Local Council Development Areas (LCDAs) from the forceful and unlawful takeover of the council workplaces throughout the state.
The courtroom, presided over by Honourable Justice Moshud Abass, granted the 4 reliefs sought by the lead counsel to the Oyo State Government, Dr. Akin Onigbinde (SAN), together with an order of interim injunction restraining the sacked chairmen from forcefully taking on the Local Government Councils or taking steps able to inflicting breach of peace within the state.
The orders of interim injunction, which have been granted by the Oyo State High Court adopted an ex-parte movement filed by the State Government in Suit No: I/78/2020.
Also restrained have been the Attorney General of the Federation and Minister of Justice, Abubakar Malami (SAN), the Inspector General of Police, Mohammed Abubakar; Commissioner of Police, Oyo State Command, Mr Shina Olukolu, and the Oyo State APC chairman, Mr Akin Oke.
The events and their brokers have been restrained from taking any step that would tamper with the pending listening to and dedication of the Motion on Notice.
According to the courtroom, the sacked chairmen, in addition to the 4 different defendants, their officers, brokers, privies or in any other case, have been restrained from taking steps that will trigger a breach of peace by embarking on self-help to present impact to a letter dated 14th January 2020 with reference quantity HAGF/OYO/2020/VOL.I/1 issued by the AGF to the sacked chairmen and the IGP pending the listening to and dedication of the movement on discover.
Meanwhile, the Association of Local Government of Nigeria (ALGON) within the state has vowed to proceed in workplace regardless of an injunction purportedly procured by the state authorities.
In a press release, the ALGON Chairman within the state, Prince Ayodeji Abass – Aleshinloye, famous that it’s a undeniable fact that there can’t be a restraining order for an motion that had already been accomplished whereas the purported order had not been served on any member of ALGON.
“It is unfortunate that the state continues to embark on an exercise in futility. Our people have resumed office since Friday 24 and Monday 27, January 2020 and they (State Government) claimed to have an order of restrain procured today, Tuesday, January 28, 2020. Meanwhile, that order has not been served on anyone and if eventually served on anyone, it is of no legal effect. Is it possible to restrain an action that has already been completed?”
The full assertion reads: “Our attention has been drawn to an unconfirmed order purportedly issued by a Court claiming to restrain elected local government Council Chairmen and Councillors from resuming office in pursuance of our constitutional mandate and as affirmed by the Supreme Court and Oyo State High Court Judgment.
Let all and sundry be informed that we have not been served with any such order and/or process in any fresh suit. We will like to state the following for the purpose of record:
• We were never removed from office in pursuance of any Order and there is no law that can be employed in aid of an illegality that will stand in a constitutional democracy.
• Reference to a purported Court Order in internet chat room does not constitute service of Court process until such order is served on relevant parties.
• More importantly, it is trite in law that an order of injunction cannot lie against acts already completed. All the local government Chairmen and Councillors have since resumed in their offices in 33 the local governments and 35 Local Council Development Areas (LCDA) since Friday 24th and Monday 27th January, 2020. Hundreds of witnesses abound to testify about the resumption including the Nigeria Police, Oyo State Commissioner of Police, Mr Shina Olukolu, Division Police Officers (DPO) of various divisions as instructed by the Inspector General of Police to ensure compliance with the Supreme Court Judgment, Local government staff, Peoples democratic Party (PDP) members and the thugs they procured to cause a breach of peace in some Council Areas as well as witnessed by several other citizens of Oyo State.
No injunction can restrain a completed act. We are by this release putting the Police and other security agencies on notice to ensure that the armed People Democratic Party thugs roaming the street are not allowed to breach the peace in aid of any purported order made in futility. We remain in office until the end of our mandate.”