Makinde
EKO HOT BLOG reports that in a bid to challenge a Supreme Court judgment ordering the payment of salaries and allowances to local government chairmen and councillors he had previously sacked, Governor Seyi Makinde of Oyo State has filed a motion and notice of appeal before the Appeal Court in Abuja, requesting a reversal of the order.
The governor, along with the Oyo State Attorney General and five others, submitted the applications to the court.
Their appeal seeks to overturn the orders made on April 27 by Justice A. O. Ebong of the Federal Capital Territory (FCT) High Court, which were based on the Supreme Court judgment delivered on May 7, 2021, in the appeal marked SC.CV/556/2021.
Bashorun Mojeed Ajuwan, the leader of the former local government officials, had successfully challenged their dismissal up to the Supreme Court. The apex court declared Makinde’s sacking of the council officials, less than 19 months into their three-year tenure, as unlawful. The Supreme Court ruled that the salaries and allowances they were entitled to should be paid for the remaining period of their tenure, ending on May 11, 2032.
The court further ordered Governor Makinde to promptly pay the said salaries and allowances as ordered, and imposed a penalty of N20 million on him for his unlawful actions. The State’s Attorney General was also directed to file an affidavit confirming the payment of the salaries and allowances as stipulated by the court.
In response to Makinde’s recent motion and notice of appeal, Ajuwan and the other dismissed officials accused the governor of attempting to undermine the Supreme Court judgment. They alleged that Makinde’s decision to approach the Appeal Court was a ploy to avoid complying with the apex court’s ruling unless the sacked officials, who belong to the All Progressives Congress (APC), switch to his party, the Peoples Democratic Party (PDP).
Following the Supreme Court judgment, Makinde agreed to pay the unlawfully sacked officials a total of approximately N4.9 billion, of which only N1.5 million was paid in 2022, leaving an outstanding amount of about N3.4 billion. Instead of paying the full judgment debt, the governor filed a motion on April 3, requesting permission from the FCT High Court to pay the outstanding amount in installments of N300 million every six months. However, Ajuwan and the other judgment creditors objected to this proposal.
On April 27, Justice Ebong ruled in favor of Makinde’s request for installment payments but modified the payment plan due to concerns about the extended timeframe proposed by the governor. The court ordered First Bank of Nigeria, one of Oyo State’s bankers, to immediately pay Ajuwan and others approximately N1.4 billion and the remaining balance of N2 billion in installments of N500 million every six months, with the first installment due on July 31, 2023.
Governor Makinde has now appealed against this ruling and has applied for a stay of execution of the judgment pending the determination of the appeal. In his notice of appeal, he argues that the state does not have the resources to fulfill the court’s order and that it would be unable to meet its obligations if the order is executed.
Ajuwan and the other dismissed officials have filed a counter-affidavit opposing Makinde’s motion. They also filed a cross-appeal, challenging the governor’s claim that the state is unable to pay the debt. They argue that Oyo State has the capacity to fulfill its obligations and that Makinde has consistently demonstrated a lack of respect for the judiciary.
The Court of Appeal has scheduled a hearing for June 8 to address the appeal.
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