…Pray court to compel the governor to pay their emoluments
The embattled council chairmen and councillors elected during the immediate past administration of the All Progressives Congress, APC in Osun State have approached the court to restrain Governor Ademola Adeleke from appointing caretakers committee in the various local governments and Local Council Development Authorities, LCDAs.
The plaintiffs sought the relief of the court through an Originating Summons issued and served all the Defendants by their counsel, Muhydeen Adeoye Galadima at the Federal High Court, Osogbo on Friday, 11th August, 2022.
In the summons, the council chairmen and councillors also asked the court to compel the governor to pay all their emoluments which they have been denied since his assumption of Office.
Recall that a judgment was delivered on 25th November, 2022 by the
The Federal High Court sitting in Osogbo had nullified the election conducted by the Osun State Independent Electoral Commission on 15th October, 2022.
The judgment which was subject of appeall allowed the council chairmen and councillors to remain in office pending the determination of the appeal in Appeal No Ca/Ak/270/2022
However, the ruling People Democratic Party, PDP’s Ademola Adeleke led government had since assumption of office denied them access to their various officers and also their emoluments.
Via the Originating Summons issued by their counsel, Muhydeen Adeoye Galadima, the question is whether the nullification premised on violation of the Constitutional and Electoral provisions can debar them from office when an appeal has been entered in respect of the judgment and the same Electoral Act, 2022 provides further that in such a situation, the Plaintiffs shall remain in office and enjoy all the benefits accrued to it pending the final determination of the appeal.
According to Adeoye Galadima, “by the Summons, the Plaintiffs who are chairmen, vice-chairmen and councilors elected on 15th October, 2022 have submitted to the Federal High Court questions bordering on whether the Defendants have power to deny them access to their respective offices and also refuse to pay their emoluments notwithstanding the nullification of the election by the court on 25th November, 2022.
“The Plaintiffs further prayed the Court to restrain the Defendants or their agents from appointing caretakers or any persons into the local government councils pending the determination of the appeal.
“All the Defendants have been served with the Summons filed at the Federal High Court, Osogbo today 11th August, 2022.”
