The Nigeria Bar Association (NBA) Osogbo branch, has challenged the power of the Osun state House of Assembly over suspension of Ife North Local Government Chairman, Hon Taiwo Orosanya, by the legislators.
In a letter addressed to the Speaker, Hon. Timothy Owoeye, and signed by the Secretary and Legal Adviser, NBA Osogbo, Messrs Saheed Abiona and Maruf Adediran, the association said the legislators went beyond its power to pronounce suspension of the elected Chairman.
The legislators had on Monday, May 4, 2020 ordered the local government boss to proceed on two months suspension over allegation of gross misconduct.
According to NBA, said the assembly should have transmitted its findings to the parliamentarians and not to usurp the power of the parliamentarians.
“We must, with utmost respect, state that the Assembly does not possess the power it purports to wield in this respect.
“From the available facts, we understand that the parliament of the Ife North Local Government laid some allegations of gross misconduct before the Assembly, against the Chairman, which the Assembly in its statutory duties, investigated and found to be true.
“However, contrary to what the law requires the Assembly to do thereafter, it went beyond its powers to usurp the functions of the elected parliamentarians of the Ife North Local Government, by directing the embattled chairman to proceed on suspension for two months.
“We are not oblivious to the fact that the Assembly relied on “Section 11 of the State of Osun Local Government Areas (Creation and Administration) Law, 2015” to impose the suspension verdict on the chairman.
“We however wish to assume on behalf of the Assembly that the reliance was an oversight, as the said provision is no longer alive. It had long been killed and buried by the Assembly itself.
“The said Section 11 was enacted in 2015 to be an additional subsection to the provisions of Section 32 of the Local Government (Administration) Law, Cap. 72A, Laws of Osun State, 2002.
‘In other words, it was not meant to be an independent provision of the Osun State Laws on local government, but an appendage of the aforementioned Section 32.
“However, by Section 20 of the same State of Osun Local Government Areas Creation and Administration) Law, 2015, the totality of the said 32 which above-mentioned Section 11 is an appendage) has been repealed.
“The effect, in plain language, is that Section 32 of the 2002 Law (which is the foundation) and Section 11 of the 2015 Law (which is the superstructure) have been bulldozed by Section 20 of the 2015 Law, and thereby no longer alive or useful for any purpose.
“In circumstances such as this, as clearly stipulated in the relevant laws of Osun State, the Assembly’s role in sanctioning an allegedly erring local government boss, ends at the point of transmitting its findings to the parliamentarians of the local government concerned, for the latter to proceed with the process, not for the Assembly to usurp the statutory powers of the elected parliamentarians of the local government.
“Mr. Speaker Sir, we understand that there could be some political reasons for the Assembly’s decision. However, it needs to be emphasised that a well-intentioned act shall remain null and void, no matter the beauty of its result, as long as it is against the law.
“While still retaining our benefit of the doubt, we are confident that if there will be any act of lawlessness, it must not emanate from the law giver itself. This is because, if the Assembly can be flouting the laws made by it, what will its reactions be if such are done by the governed.”