AGF Letter : Malami Is Not A Court, Mankinde’s Actions Are In Order — Hon. Adejumobi S.A Legislative Matters To Oyo Governor


By Henry Odeh


The special adviser on legislative matters to the executive governor of Oyo state, Honorable Adejumobi Samuel Ademola has described as ‘regrettable’ the purported letter addressed to the attorney general and commissioner for justice, Oyo state by the attorney general of the federation (AGF), Mr Abubakar Malami (SAN), declaring the dissolution of the dissolved Oyo state ALGON as unconstitutional.

The former majority leader of the Oyo state house of assembly stated that the AGF should have been properly guided on the said letter noting that if the AGF had been properly guided and advised on the peculiarity of Oyo state matter, he (AGF) would have exempted Oyo state from the address.

Honourable Adejumobi popularly called Agbarapo, stated that the letter should be disregarded because the Oyo state governor’s dissolution of the dissolved Oyo ALGON is in line with the law that empowers the governor to appoint caretaker chairmen into the offices to avoid creating a vacuum in government at the local government level because the election that brought the dissolved chairmen was already faulty.

He stated further that what necessitated the dissolution of the wrongly constituted Oyo state chairmen under the dissolved ALGON was the fact that the constitution of Nigeria recognizes only 33 local governments in Oyo not 68 into which the last APC administration under former governor Abiola Ajimobi conducted elections.

He said that apart from the act of illegality of the last administration to conduct elections into offices not known by the Nigerian constitution, the then governor knew that their was a subsisting court order restraining the then governor and government from conducting the local government election in the first place.

He said “I think there’s a total mix up of information somewhere, as a former majority leader of the Oyo state house of assembly, I want to tell you the truth, the federal republic of Nigeria’s constitution recognize only 774 local governments throughout the federation.

“Even if you wanted to go ahead and conduct whatever election they call it, you must not do anything that contradicts the mother law, the constitution of Nigeria recognize only 33 local governments in Oyo state.

“So, if you went ahead and conduct election into 68 local governments including Local Council Development Areas (LCDA’s) as against 33 recognized local councils then, it means that election is null and void.

“If the state assembly made a law creating the LCDA’s then, the state house of assembly needed to have gone further to the national assembly because if the national assembly did not include the LCDAs into the Nigerian constitution so that it is recognized by the constitution then, you can not go ahead and conduct election into such local councils, it will render all the election null and void.

“For the state assembly to make a law creating those LCDAs it does not end there because the journey still continues to the national assembly and presidential assent before it can be included in the Nigerian constitution, if its not in the Nigerian constitution, then its just an area council and you can not conduct election into area council, you can only appoint caretakers or administrators to such councils, and that is exactly what we are talking about.

“So by conducting election into all 68 local governments and LCDAs renders that election null and void because when an election that brought you into power is against the constitution then that election is null and void because we all understand law and that is the position of law we can not run away from it so, in the case of Oyo state, the governor is in order to have appointed caretaker chairmen.

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