Apr 19 2012
By Damisi Ojo, Akure
The ex-council chairmam are challenging the dissolution of their committees by Governor Olusegun Mimiko.
They are insisting that their tenures have not expired.
The appellate court held that the lower court was right in restraining the local government chairmen from functioning.
It said Section 31 of the 2006 Electoral Act, which stipulates that 150 days must be given before the conduct of any election, was not complied with by the plaintiffs.
Justice Akin-Kekereekun said Section 12 1 (4) of the State Law, which allows for 24 days before the conduct of the election, is inconsistent with the Electoral Act passed by the National Assembly.
He said since the election ran foul of the law, the lower court was right in setting aside its conduct and restraining them from functioning.
But the court said the former council chairmen have the right to their salaries and emoluments, which they earned before the court’s pronouncement.
The appellate court dismissed the appeal.
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