The Nigerian Bar Association (NBA), Osun State chapter, has faulted the House of Assembly and the Osogbo South Local Council Development Authority legislators over the impeachment of council Chairman Akeem Olaoye.
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In a statement yesterday, NBA Chairman, Abdulrahman Okunade, said: “The Council is wrong by jumping the gun in its removal processes, just as the Assembly is equally wrong in seeking to investigate a purportedly concluded, even though faulty process, contrary to the procedure statutorily stipulated for doing so.
“Assembly’s directive restraining the elected parliamentarians from parading themselves as such. The directive is illegal and, in effect, not binding on the officeholders concerned.
The statement added: “The attention of Osogbo NBA has been drawn to the directive of Osun State House of Assembly under, Rt. Hon Timothy Owoeye that Osogbo South LCDA parliamentarians to vacate the local government secretariat and not to parade themselves in that capacity, pending when the State Assembly would investigate the crisis rocking the Council.
“The Assembly is reported to have issued the directive purportedly in line with Section 19 (c) of the State of Osun Local Government Areas (Creation and Administration) Law, 2015, hereinafter called ‘the Law’. But, upon a community examination of Rule 39 of the Standing Orders and Rules for Council of the Local Government Area (LGA)/Local Council Development Area (LCDA) AND Sections 15 and 19 of ‘the Law’, it is found that the Osun State House of Assembly is not vested with any power to suspend or restrain the elected functionaries of any local government or LCDA (as the case may be) in the manner as purportedly directed by the Assembly.
“Furthermore, it is particularly of interest that both the Osogbo South LCDA’s parliamentarians and the Osun State House of Assembly have put the cart before the horse in the processes of seeking to remove the LDCA Chairman.
“By Section 19 of the Law, an allegation of gross misconduct against a local government/LCDA Chairman is to be referred to the State House of Assembly for investigation. And upon the said investigation, the Assembly is to communicate its findings to the local government/LCDA within seven (7) days of its receipt of such allegation.”
It is only after the expiration of the seven days, whether or not the Assembly makes a return that the Council, can proceed with the removal processes.”
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