Court Annuls All 16 TICs In Kwara, Describes Gov’s Action As Executive Rascality

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A State High Court sitting in Ilorin has scrapped all 16 Transitional Implementation Committee (TIC) in Kwara State, describing the state government’s action in constituting them as ‘executive rascality and abuse of power’s.

An anti corruption civil society organisation, Elites Network for Sustainable Development (ENetSuD), in Kwara State, had dragged the state government to court challenging the legality of the TIC in the state.

In suit no KWS/117/2021, ENetSuD dragged the State Government of Kwara, State Governor and Attorney General of Kwara State to the State High Court to seek nullification of TIC.

In the reliefs sought, the organisation asked that 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 as appointed by the Governor or any other body.

The second relief asked that a declaration be made 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.

It also asked that 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.

ENetSuD also asked that 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).

It therefore asked for 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.

It also requested an order directing the 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.

It further asked the court for an order directing the 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).

Responding, Hon. Justice H.A. Gegele delivered his judgment on the case on Friday, 8th October 2021.

The judge ruled in favor of ENetSuD that it has locus standi to pursue the case in court of competent jurisdiction.

The court admitted all exhibits and evidences submitted by ENetSuD.

The Court agreed that the KWSG suspended a democratically-elected Local Government Council and then replaced them with an illegal TIC that is not known to any law.

The Court described the action of the Governor (and the Government) as executive rascality and an abuse of power.

 

 

 

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