An Ogun State High Court sitting in Ijebu Igbo, Ijebu North local government area of Ogun State has nullified the illegal suspension of the Tele Ogunjobi led local government administration by the state governor, Otunba Gbenga Daniel.
The court also ruled that the appointment of the seven members caretaker committee over the period of six months to take the place of the claimant is unlawful and a violation of the rights of the claimant
Governor Daniel had on December 31st 2008 announced the dissolution of the local government administration led by Mr. Ogunjobi and the local government legislative council over some acts of violence in the council area.
Delivering his judgment on the application brought by Ogunjobi and six of his legislative, Justice N.I Agbelu said the suspension of the dully elected local government chairman and the six applicants was unlawful and a breach of Section 39 (1) b, of the 1999 Constitution and Section 3 of Ogun State local Government law.
Agelu argued that the purported suspension of the claimants did not follow the laid down provisions of the law upon which such action might be taken by the defendant.
Tele Ogunjobi approached the court to determine whether it was lawful for the 1st defendant (Governor Gbenga Daniel) in exercise of his powers defined by Section 39 (2)and (3) of Ogun state local government law, suspend the chairman, Vice and other legislative members without an order published and served the council boss.
Justice Agbelu vacated the notice of preliminary objections filed by the defense counsel Mr.Ayanlaja (SAN) and that of the court lacking jurisdiction to hear the matter.
He disclosed that the suspension was not done in accordance to the provisions of the law adding that the Governor only announced on an electronic media the suspension on 31st December 2008, and appoint Caretaker Committee headed by Mr. Wale Osiyemi
He added that there was no official publication order and approval from the state legislative arm as provided by section 39 of Ogun State local government law.
The Judge also awarded the sum of N20,000 against the defendant.
In his reaction, Ogunjobi said the judgment has rekindled the hope of the people of the local government in the judiciary.
“The judgment reaffirms that my administration was wrongly suspended as a result o f executive recklessness and I appreciate the judiciary for this landmark and monumental judgment.” Ogunjobi submitted.
He added that “at last, the pains of the past memories have been relieved”