The Ogun state high court has nullified the suspension and impeachment of Wale Adedayo as chairman of Ijebu east LGA.
In a judgment delivered on December 10, Catherine Ogunsanya,
the presiding judge, held that the councillors in the Ijebu east legislative
council did not follow the laid down rule pertaining to impeachment of the LGA
chairperson, stipulated in Ogun State Local Government Law.
THE IMPEACHMENT SAGA
In August 2023, Adedayo was suspended by the LGA legislative
council for three months over allegations of maladministration and financial
mismanagement.
He was suspended some days after he accused Dapo Abiodun,
the Ogun governor, of hijacking funds meant for the LGAs in the state.
Adedayo had accused Abiodun of withholding the statutory
federal allocation due to the LGAs for two years.
In September 2023, Adedayo was impeached as chairman of
Ijebu east LGA over allegations of financial misappropriation and diversion of
funds.
Five out of the 11 councillors in the LGA legislative
council voted in support of his impeachment, while four lawmakers voted against
the impeachment with one was absent.
Reacting to his impeachment, Adedayo said the “councillors
were acting a script written from Abeokuta”, the state capital, adding that he
knows the governor was offended by his stance.
Subsequently, police arrested the former chairman over a
petition written against him by the state government.
Displeased by the impeachment, he initiated a legal action
to challenge the decision of the LGA legislative council.
In the suit, the governor of Ogun state was listed as first
defendant, while Ijebu east local government and Ijebu east legislative council
were second and third defendants, respectively.
THE JUDGMENT
According to the certified true copies (CTC) of the judgment
seen by TheCable, Ogunsanya said the second and third defendants did not show
the court the petition in question that led to impeachment proceedings against
Adedayo.
The trial judge said there was no evidence of the author of
the petition or the details of the said misconduct against the impeached LGA
chairman.
Ogunsanya said there is no document showing that Adedayo was
served with the notice of the allegations against him.
The judge held that the Ijebu east legislative council did
not comply with the provisions of section 37 of the Ogun State Local Government
Law.
“However, in this suit the 2nd & 3rd Defendants have put
no evidence at all before the court to buttress their position that they
complied with Section 37 of the Local Government law,” the judge ruled.
“Not an lota of evidence I repeat that the 2nd & 3rd
Defendants complied with Section 37 of that law I reiterate.
“The only logical conclusion this court can reach is they
have nothing to put before the court to counteract all the positions of the
claimant.
“An ORDER setting aside the purported suspension and
impeachment of the Claimant carried out by the 3rd Defendant on the 31st August
2024 and 14th September, 2023 respectively for being invalid, null and void.
“The Sum of N30,000,000.00 (Thirty Million Naira) is granted
to the Claimant as General Damages for the illegal, unlawful and malicious
suspension and Impeachment of the Claimant by the 2nd and 3rd Defendants.”
The judge ruled that it cannot grant the request of Adedayo
seeking reinstatement as chairman since the political dispensation in which he
was elected had elapsed.
‘IJEBU EAST LEGISLATIVE COUNCIL’S CONDUCT CANNOT BE
LINKED TO STATE GOVERNOR’
The judge also ruled that Adedayo failed to link the conduct
of Ijebu east legislative council to that of the state governor, who is the
first defendant in the case.
The judge held that Adedayo failed to show the connection
between the petition written against him to the police by the state government
and his suspension from office. The judge, therefore, dismissed the claim.
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