Oyo: Makinde Vs Malami: Who Blinks First

Governor Warns AGF To Mind His Business

By Fola James

Trouble is brewing in the Pacesetter state after Governor Seyi Makinde’s decision to take the battle to the doorsteps of the Attorney General of the Federation and Minister of Justice, Abubakar Malami, over the sack of 33 local government chairmen last year.

Malami had in his letter dated January 14 directed the governor to reverse his decision and reinstate the sacked council bosses.

But the governor has now fired back, warning the AGF not to dabble into the state’s politics.

Recall that the nation’s chief law officer had said the sack of the council head did not follow due process and unconstitutional.

He had threatened to use federal might in making sure that sacked LGAs bosses are reinstated.

Governor Makinde has described Malami’s threat as mere meddlesomeness, bad state, that has no place in a federal set up like Nigeria.

Taiwo Adisa, the Chief Press Secretary, CPS to Governor Makinde in a statement, said the AGF overreached his powers.

He said Malami was not well informed about the matter and should have sought for more information before taking a position on a very sensitive matter.

The state government said the issue was already in court and that Malami’s intervention on the matter is unnecessary. The AGF should allow the issue run its course in the court, the governor said.

Citing the stay/appeal that is pending before the Court of Appeal in two cases including Governor of Oyo State Vs Basorun Bosun Ajuwon, Appeal no CA/IB/300/2019 and Basorun Majeed Bosun Ajuwon Vs Governor of Oyo State CA/IB/362/2019, the governor stated that the AGF’s letter is equal to jumping the gun on the matter.

“It is also instructive to note that parties have filed their respective briefs of argument and the appeals have now been fixed for the 19th of February, 2020,” Makinde said.

Meanwhile the Attorney-General and Commissioner of Justice in Oyo State has also stated that it was wrong for the AGF to intervene in a matter is already subjudice.

“I wish to note that your letter Ref. No, HAGF/OYO/2020/Vol.1/1 of 14th January, 2020 dealing with the above subject matter was never served on us, but we read about it and had to secure a copy from the social media,” Professor Oyewo said in a statement released in Ibadan, the state’s capital on Thursday.

Oyewo said the running of local councils is purely the business of the state government.

“I must note that under Section 7(1) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) which you referred to in your letter, it is the Law of the State Government that is to ensure the existence of the system of Local Government by democratically elected Local Government Council by providing for the establishment, structure, composition, finance and functions of such councils and not a Federal Law/Act,” he said.

Adding that “It is therefore not clear under what Act of the National Assembly the office of the Attorney-General of the Federation & Minister of Justice was acting in writing the letter under reference,” Oyewo said.“It should be borne in mind that our Constitution has established a Federal system of government whereby the state government is not under the command of the Federal Government, neither are we under Military Era when the Federal Government could give a binding order to the State Government by mere proclamation and at will.”

According to him ” We are now in a civilian dispensation and the position of every officer whether at the Federal or State level is guided by the provisions of the Constitution and relevant law.”

Meanwhile, the sacked council heads are yet to make good their threat to resume work in line with AGF Malami’s letter.