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Akinwande Soji-Ojo
A Federal Capital Territory (FCT) High Court, in Abuja, has issued an order attaching the accounts of the Oyo State Government in 10 commercial banks in the country.
Justice A. O. Ebong gave the order while ruling on a garnishee proceeding initiated by ex-council chiefs in Oyo State, sacked on May 29, 2019 by Governor Seyi Makinde.
Recall that the ex-council chiefs had in 2021 got a N4,874,889,425.60 judgement against Makinde and other officials and agencies of the state.
The other officials and agencies listed with Makinde as judgement debtors, by virtue of the May 7, 2021 judgement of the Supreme Court are the Attorney General, Commissioner for Local Government and Chieftaincy Affairs, Accountant General of Oyo State, Speaker of the House of Assembly, House of Assembly and Oyo State Independent Electoral Commission (OYSIEC).
The garnishee proceeding is intended by the ex-council chiefs, led by Basorun Bosun Ajuwon, to recover the balance of N3,424,889,425.60 (N3.5 billion), which is outstanding from the actual judgement sum, from which Makinde paid only N1.5 billion in 2022.
What was outstanding in respect of the Supreme Court judgement was N3,374,889,425.60, but the Court of Appeal in Abuja added N50 million, which it awarded as cost against Makinde and others in a judgement delivered on December 8, while dismissing the judgement debtors appeal.
The banks in which Oyo State Government’s accounts are blocked are Zenith Bank, United Bank of Africa (UBA), Wema Bank, First Bank of Nigeria, Ecobank, Guaranty Trust Bank, Access Bank, Polaris Bank, Jaiz Bank and Union Bank.
Justice Ebong, in the ruling delivered on December 15, ordered the garnishees (the banks) to “file affidavits and attend this court on the next adjourned date to show cause why the garnishee orders nisi hereby granted should not be made absolute.”
The judge also awarded N300,000 as cost against the judgement debtors and ordered that a copy of the order be served on Makinde and others.
He adjourned hearing till January 5, 2024.
The Supreme Court had on May 7, 2021 voided Makinde’s sack of elected local government chairmen and councillors in Oyo State. The apex court gave similar judgement in respect of Katsina State and ordered both states to pay the salaries and allowances of the affected ex-council chiefs.
Justice Ejembi Eko, who delivered the lead judgement in the Oyo State case, condemned Makinde’s decision to unlawfully sack the elected council chiefs before the end of their tenure.
“I will not conclude this appeal without commenting on the disturbing ugly face of impunity displayed by the Governor of Oyo State on 29th May, 2019 which is tantamount to executive lawlessness, is outrightly and vehemently condemned by this court.
“Local government chairmen and councillors, being persons duly elected by the people cannot just be removed and their councils dissolved whimsically and arbitrarily by any other elected persons in clear abuse of their office and powers. It is not right in law and under the constitution to do that,” the judge said.
While the Katsina State Government has since paid the ex-council chiefs who were unlawfully sacked, Oyo State Government failed to pay the ex-council chiefs he sacked before the end of their tenure.
Lawyer to the ex-council chiefs, Musibau Adetunbi (SAN), had during a hearing in the appeal filed by Makinde and others before the Court of Appeal, Abuja, told the court that some of his clients have died, while others are suffering after they were unjustly sacked as elected council officials by the governor, who he blamed for the delay in paying the judgement debt.
In a court document, the ex-council chiefs said: “As at date, we have lost 26 of our members, whose children are crying to the conscience of His Excellency (Makinde) for justice.
“Obviously, if His Excellency (Makinde) had paid our money within the six months expressly pledged by the immediate past Attorney General on his behalf, our deceased colleagues would have had little money to attend to the sicknesses that took most of them away.”