NBA faults Osun Assembly over suspension of LG chairman

The Nigeria Bar Association (NBA) Osun State has berated Osun State House of Assembly over the suspension of Chairman of the Ife North Local Government of Osun State, Hon. Taiwo Orosanya.

The Assembly, after it’s a resolution at the executive session which was presided over by the Speaker, Hon. Timothy Owoeye, on May 4th, 2020 suspended Orosanya for two months over misappropriation of funds.

The Association faulted the resolution of suspension of Orosanya stressing that the House seized the functions of the elected parliamentarians of the Ife North Local Government.

According to a letter by the Association, addressed to Osun Assembly, dated 7th May 2020 with ref number: NBA/OS/HOS/2020/01 which was obtained by The Nation on Sunday stated that “With utmost respect, the Assembly does not possess the power it purports to wield in suspending the Ife North Local Government of Osun State.

“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 of is no longer alive. It had long been killed and buried by the Assembly itself.”

The Association explained that 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 Laws of Osun State, 2002. 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 32.

“Section 11 is an appendage) has been repealed.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.

They urged the Speaker to revisit the oversight of the House and make necessary amendments.

“We are confident that if there will be any act of lawlessness, it must not emanate from the lawgiver itself. If the Assembly can be flouting the laws made by it, what will its reactions be if such is done by the governed.”