A Kwara State High Court sitting in Ilorin has sacked the Transitional Implementation Committee (TIC) chairmen appointed by the state government in the 16 local government councils of the state.
The state governor, AbdulRahman AbdulRazaq, had earlier sacked the elected Local Government Council Chairmen in the state and replaced them with the Transitional Chairmen.
In his verdict, the presiding judge, Justice H.A. Gegele described the action of the state governor, AbdulRazaq as executive rascality and abuse of power.
According to the judge, the suspension of a democratically-elected local government councils and their replacement with “illegal” TIC by the state government is not known to any law.
Hon. Justice Gegele described the composition of TIC officials in the local government councils as illegal and unconstitutional.
AbdulRazaq had in June installed the TIC in LGAs in the state, following the suspension of elected council chairmen and councillors.
But a civil society organisation in the state, Elites Network for Sustainable Development, had headed to court to challenge the governor’s action.
In the suit marked KWS/117/2021, the group sought a court 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.”
The judge dismissed the argument by the state that the plaintiff, ENetSuD, was not a juristic person with a legal personality that could sue and be sued.
The court added that the group had locus standi to pursue the case.
In a swift reaction, Special Assistant to Governor AbdulRazaq on Political Communications, Alhaji Bashir Adigun said state government’s lawyers were already studying the judgement.
He said, “definitely we will appeal the judgment”.