Oduduwa News

ODUDUWA NEWS has gathered that Oyo State High Court sitting in Ibadan has thrown into a dustbin an ex parte motion brought by the 68 ex-council chairmen in the state, seeking to garnishee the account of the state government over Governor Seyi Makinde’s refusal to comply with the Supreme Court judgement, which ordered the state government to pay all their salaries and entitlements till their last day in office.

The Supreme Court had in its judgement of May 7, 2021, ordered the Oyo State Government to pay all the salaries and entitlements of the chairmen on or before August 7, 2021. The chairmen still has two years to spend in office before Makinde removed them on May 29, 2019, few hours after he was sworn-in.

The governor had asked the sacked chairmen to go back to the apex court for clarification and interpretation of the judgement, saying his administration needed further clarification regarding who should be paid salaries.

Makinde further noted that the 68 chairmen that went to court were not recognised under the law because the number of councils in Oyo State, according to the constitution, is listed as 33.

Following the governor’s refusal to comply with the August 7 deadline ordered by the apex court, the former council chairmen filed an ex parte motion to garnishee the state government’s account.

Ruling on the application on Monday, Justice Ademola Adegbola, struck out the suit, saying the sum of N7, 345, 072,979.69, claimed by the applicants in their reliefs was not stated in the Supreme Court judgement.

The judge held that garnishee proceedings must be certain and inputed, adding that it can’t be left to conjecture.

“The amount is not stated in the Supreme Court judgement. The reliefs the judgement creditors are claiming cannot be given to them. I have read the Supreme Court judgement on which this ex parte application was premised and I did not see anywhere where the sum was stated.

“Therefore, I will not grant the motion. The reliefs are hereby refused and the ex parte application is hereby struck out with the preliminary objection of the judgement debtors, ” Justice Adegbola held.

Earlier, counsel to the chairmen, Barrister Abiodun Amole, had said that the N7, 345, 072,979.69, claimed by the applicants was the sum of their salaries and entitlements the Supreme Court asked the Oyo State Government to pay. He said the amount was computed by an auditing firm based on the current scale being used.

Amole said the computation has been sent to the defendants since mid-June, adding that they didn’t dispute it.

He said:”It is for the judgement debtors to dispute the said amount being claimed. It is after both parties have argued their case that the court can determine the authenticity of the sum. It is settled. There is nothing before your Lordship to counter that sum.”

Amole urged the court to grant the application since the respondents did not disapprove the computation and also treat the reliefs separately and on their individual merits.

Also, counsels to the defendants, Chief Yomi Alliyu (SAN), who held brief for Otunba Kunle Kalejaye (SAN), and Y.O. Ogunrinde, told the court that both parties have reached an agreement and that the judgement creditors had given the judgement debtors till October 12, to pay 60 per cent of the money.

Alliyu sked the court for an audience and adjournment to enable both parties conclude their negotiation. He also prayed the court to grant them audience to present some facts he claimed the applicants had suppressed.

“If it behoves on your Lordship to promote reconciliation among parties, I hereby applied for an adjournment to enable us explore the opportunity of the offer they made to us. I also humbly request that you grant us audience on the application. In essence, we are still negotiating,” Alliyu said.

Ogunrinde alligned with Alliyu’s submission.

But Amole opposed both submissions, saying judgement debtors cannot be heard in a garnishee proceeding until the ruling has been made.

Ruling on Alliyu’s submissions, Justice Adegbola said a garnishee procedure stands on its own.

“The judgement debtor cannot be heard at them is stage of the proceedings. The judgement debtor is however not totally shut out by the proceeding because the debtor is allowed to be served the ex parte motion. The Court Registrar shall serve on all parties.

“Having regard to the present state of law in Nigeria, the application for right of audience cannot succeed. The right of audience and adjournment is hereby refused,” Justice Adegbola held.

The Indigenous People of Biafra (IPOB) has enjoined other agitators for self-determination from other ethnic nationalities in the country to join its one-month sit-at-home protest commencing on October 21.

This was contained in a statement issued by the Media and Public Secretary of the separatist group, Emma Powerful, on Sunday.

According to him, the one-month protest would be subject to the refusal of the Directorate of State Services to bring its leader, Nnamdi Kanu, to court on the said date.

The group alleged that it had learnt that there was a plan by the Nigerian Government not to bring Kanu to court on that day as a ploy to continue to incarcerate him. File photo used to illustrate story.

The statement read in part, “Following our earlier declaration of one-month lockdown of Biafra land should the Nigeria Government fail to bring our leader, Mazi Nnamdi Kanu, to the court on October 21, we, the global family of the Indigenous People of Biafra request our brothers and sisters in Oduduwa republic and Middle Belt, including Igbo and Biafra businessmen and women, traders who are doing business outside Biafra land, to shut down their businesses to demonstrate our resolve for the emergence of our new nation, Biafra, and support for our leader, Mazi Nnamdi Kanu, and others who are facing a similar fate with us to join us in sympathy protest.

“We need to put our differences behind us and rise as one people to defend our ancestral land against our common enemy and show Fulani and their cohorts that Nigeria belongs to all of us and any Biafra man residents in Kano, Kaduna, Jos, Jigawa, and other parts of North and western parts of Nigeria must shut down their shops in support of this fight for freedom and release of our leader, Mazi Nnamdi Kanu.

“We cannot afford to abandon him at this point after sacrificing so much for us all. We must not fail to understand that the Federal Government dread Nnamdi Kanu and Sunday Igboho; two heroes of freedom, and that is why it wants to keep them out of circulation. But we must resist the evil plot.”

In June, the IPOB leader was arrested in Kenya and extradited to Nigeria to face treason charges.

He was subsequently arraigned and brought before Binta Nyako, a judge of the Federal High Court in Abuja, who asked him to be remanded in the custody of the Department of State Services (DSS).

Kanu is facing charges bordering on treasonable felony instituted against him at the court in response to his agitation for the Republic of Biafra.

The scheduled trial in July suffered a setback, with the judge adjourning till October 21.

More work is needed to attract private investments to the Lagos waterways transportation sector, lawmakers at the State House of Assembly have said.

The lawmakers, who belong to the House Committee on Transportation, made the position known during a recent visit to the Lagos State Waterways Authority (LASWA) and the Lagos State Ferry Services (LAGFERRY).

Led by its chairman, Hon. Temitope Adewale, the committee agreed that the government had to improve the environment that would enable such business thrive.

Hon. Adewale noted the interest of the House of Assembly in the success of waterways transportation as an alternative to the ever-growing traffic challenges faced by residents of the state.

To this end, the lawmaker urged LASWA to ensure the security of the state’s waterways through effective collaboration with security agencies.

Adewale expressed belief that securing the waterways would help increase public confidence and boost chances of Public Private Partnership (PPP).

Commending the agency for the success so far recorded, the committee chairman appealed for more efficiency while advising that the waterways must not become escape routes for criminals.

He, therefore, urged for more patrol boats to monitor waterways in the state.

Describing LAGFERRY as one of the agencies that had added value to the governance of the state and the transportation sector, Adewale pleaded for more activities that would help attract investors.

He also promised that the House would continue to assist in areas that would ease the job of the agency and help it meet its goals.

Speaking earlier, Mr. Oluwadmilola Emmanuel, General Manager of LASWA, enumerated the achievements of the agency to include the creation of a control room to monitor the various routes on the waterways.

According to him, this strategy has helped to keep the waterways safe and secured just as he added that the agency currently has two patrol boats for the patrol of waterways to avoid criminal activities on the waterways.

He said the agency had provided 294 life jackets and was expecting 845 more.

The agency, Emmanuel said, also collaborates with security agencies for the protection of the waterways.

He, however, said the Marine Police can be equipped further for effective enforcement.

On his part, the Managing Director of LAGFERRY, Hon. Ladi Balogun, said his agency with a mandate to provide ferry services to ease pressure on road transportation, currently has a fleet of 20 boats.

He noted that at least, 480,000 waterways users routinely patronise the boats.

While explaining that the agency was already setting standards for other operators in the industry, he lamented that recurrent expenditure appropriated for it was not enough as the price of fuel affects business.