Akeredolu Removes Ondo Attorney-General, Olawoye

A file photo of Ondo State Governor, Olurotimi Akeredolu.

 

Ondo State Governor Rotimi Akeredolu has removed Adekola Olawoye from the position of Attorney-General of the state.

This was disclosed in a statement signed on Monday by the Chief Press Secretary to the Governor, Segun Ajiboye.

Although no reason was given for Olawoye’s removal, Charles Titiloye has been appointed immediately as his replacement

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“Ondo State Governor, Oluwarotimi Akeredolu, has rejigged his cabinet.

“Following this, he has appointed front line human rights lawyer, Sir Charles Titiloye as his new Attorney-General and Commissioner for Justice.

“Titiloye is a human right activist and a renowned social critic. He was former Secretary of the Nigerian Bar of Association (NBA), Akure Branch.

“Mr. Governor thanks the Attorney-General and Commissioner for Justice that has just been removed for services rendered to the state,” the statement read in part.

Ajiboye added that Titiloye’s name will be forwarded to the state House of Assembly for confirmation.

Court orders Akeredolu to pay N4.3m for campaign billboards

An Ondo State High Court has ordered the candidate of the Action Congress of Nigeria (ACN) in the forthcoming governorship election, Mr Rotimi Akeredolu (SAN), to pay the sum of N4.3million to the Registrar of the Court being payment for his numerous billboards erected all over the State.

Mr. Akeredolu had filed a suit at the court in Akure, challenging, amongst other things, the constitutionality or otherwise of the Ondo State Signage and Advertisement Agency (OSSAA) Law, 2011.

He had also filed a Motion for Interlocutory Injunction restraining OSSAA from carrying out its duties as empowered by the Law pending the determination of the substantive suit.

The matter had been adjourned by the Presiding Judge, Justice Olusegun Odusola to Thursday, August 16, 2012 for the hearing of the Motion for Interlocutory Injunction.

However, before the hearing date, Akeredolu had gone ahead to erect billboards all over the state for his election campaign, a development which made OSSAA to issue Demand Notice for the payment of the sum of N4.3million being amount payable on the said billboards.

On Thursday however, counsel to the Defendants, Adebayo Ogunsuyi informed the court that plaintiff’s counsel had just served him with a court process wherein weighty allegations were made against the defendants which would warrant a response.

He then applied for an adjournment stressing that since the Ondo State Signage and Advertisement Law, 2011 was an existing Law, the Court was empowered  by the Rule to order that the plaintiff  to pay the sum of N4.3 million being the amount on the Demand Notice to the Registrar of the Court.

In his response, counsel to the defendant, Adekola Olawoye had objected to the defendants’ application that the money be paid to the court stressing that if OSSAA impounds any of their billboards or branded vehicles, they would meet fire for fire.

But Justice Odusola, having listened to submission of both counsels ordered that Akeredolu, the plaintiff pays the sum of N4.3million being the amount on the Demand Notice to the Registrar of the court pending the determination of the Motion on Notice.

He subsequently adjourned the case to October 11, 2012.

 

Court sacks House of Rep. member over party defection

A Federal High Court sitting in Akure has sacked a member of the House of Representatives, Mr. Ifedayo Abegunde representing Akure North/Akure South Federal Constituency,  for defecting from the party from which he was elected.

Abegunde was elected into the House of Representative on the platform of the Labour Party (LP) during  the April 2011 general elections, but defected to the Action Congress of Nigeria (ACN) after a few months.

He had approached the court for judicial protection against his recall by the Ondo State House of Assembly and the Labour Party.

Joined in the suit are the Speaker of the House of Representatives, Alhaji Aminu Tambuwal and Independent National Electoral Commission (INEC).

Abegunde’ s counsel, Chief Adekola Olawoye had argued that by the provisions of Section 68(1) (G)) of the 1999 Constitution and the imbroglio, division and factionalization in LP, he is entitled to dump the party.

The defence counsel led by the Attorney General and Commissioner for Justice, Ondo state, Mr. Eyitayo Jegede (SAN) with the state’s Director of Civil Litigation, Rotimi Olamide submitted that since Abegunde had dumped LP and has not proved any division within party, he has automatically vacated his seat as a federal lawmaker.

The defendants also prayed that the electoral body should conduct by-election to fill the vacant seat.

In her judgment, presiding judge, Justice Gloria Okeke noted that without a political party, no candidate can contest an election since there is no provision for independent candidacy in Nigerian elections.

Citing a Supreme Court decision in Amaechi vs INEC (2008) 5 NWLR Pt. 1080, she added that “if it is only a party that canvasses for votes, it follows that it is a party that wins an election. A good or bad candidate may enhance or diminish the prospect of his party in winning, but at the end of the day it is the party that wins or loses an election.

Okeke held further that Abegunde could not prove the alleged division and crisis in LP by the virtue of the letter signed by the State Resident Electoral Commissioner, Mr. Akin Orebiyi that “we are not aware of any crisis or issue concerning dispute in LP.

“We were also present at the Congress that produced the elected and recognized State Chairman of the party. As far as INEC was concerned, there was no crisis or factionalization in LP in Ondo State.

According to her, the issue raised by Abegunde was not a dispute that should warrant his defection to the ACN, adding that it is a constitutional matter that a parliamentarian who defects in this manner “shall (mandatory and not a mere directive, not a matter of opinion) vacate his seat”.

“Since it is the 9th defendant, Labour Party that sponsored the plaintiff (Abegunde) in the election into the House of Representatives to represent Akure North/Akure South Federal Constituency and defected on account of unproven imbroglio, crisis, dispute and factionalization in the party, the plaintiff has lost the seat and should therefore vacate the seat and I so hold” Okeke ruled.

While Jegede hailed the judgment as a landmark in the annals of the Nigerian legal history, the plaintiff’s counsel, Olawoye, who described the judgment as unacceptable, said his client will appeal against the judgment.

This is a noble ruling in the nation’s political history, as a number of elected officer such as governors and Senators have decamped from the political parties which they won their election to another party without any legal tussle.