The Ogun state high court has nullified the suspension andimpeachment of Wale Adedayo as chairman of Ijebu east LGA. In a judgment delivered on December 10, Catherine Ogunsanya,the presiding judge, held that the councillors in the Ijebu east legislativecouncil did not follow the laid down rule pertaining to impeachment of the LGAchairperson, stipulated in Ogun State Local Government Law. THE IMPEACHMENT SAGA In August 2023, Adedayo was suspended by the LGA legislativecouncil for three months over allegations of maladministration and financialmismanagement. He was suspended some days after he accused Dapo Abiodun,the Ogun governor, of hijacking funds meant for the LGAs in the state. Adedayo had accused Abiodun of withholding the statutoryfederal allocation due to the LGAs for two years. In September 2023, Adedayo was impeached as chairman ofIjebu east LGA over allegations of financial misappropriation and diversion offunds. Five out of the 11 councillors in the LGA legislativecouncil voted in support of his impeachment, while four lawmakers voted againstthe impeachment with one was absent. Reacting to his impeachment, Adedayo said the “councillorswere acting a script written from Abeokuta”, the state capital, adding that heknows the governor was offended by his stance. Subsequently, police arrested the former chairman over apetition written against him by the state government. Displeased by the impeachment, he initiated a legal actionto challenge the decision of the LGA legislative council. In the suit, the governor of Ogun state was listed as firstdefendant, while Ijebu east local government and Ijebu east legislative councilwere second and third defendants, respectively. THE JUDGMENT According to the certified true copies (CTC) of the judgmentseen by TheCable, Ogunsanya said the second and third defendants did not showthe court the petition in question that led to impeachment proceedings againstAdedayo. The trial judge said there was no evidence of the author ofthe petition or the details of the said misconduct against the impeached LGAchairman. Ogunsanya said there is no document showing that Adedayo wasserved with the notice of the allegations against him. The judge held that the Ijebu east legislative council didnot comply with the provisions of section 37 of the Ogun State Local GovernmentLaw. “However, in this suit the 2nd & 3rd Defendants have putno evidence at all before the court to buttress their position that theycomplied with Section 37 of the Local Government law,” the judge ruled. “Not an lota of evidence I repeat that the 2nd & 3rdDefendants complied with Section 37 of that law I reiterate. “The only logical conclusion this court can reach is theyhave nothing to put before the court to counteract all the positions of theclaimant. “An ORDER setting aside the purported suspension andimpeachment of the Claimant carried out by the 3rd Defendant on the 31st August2024 and 14th September, 2023 respectively for being invalid, null and void. “The Sum of N30,000,000.00 (Thirty Million Naira) is grantedto the Claimant as General Damages for the illegal, unlawful and malicioussuspension and Impeachment of the Claimant by the 2nd and 3rd Defendants.” The judge ruled that it cannot grant the request of Adedayoseeking reinstatement as chairman since the political dispensation in which hewas elected had elapsed. ‘IJEBU EAST LEGISLATIVE COUNCIL’S CONDUCT CANNOT BELINKED TO STATE GOVERNOR’ The judge also ruled that Adedayo failed to link the conductof Ijebu east legislative council to that of the state governor, who is thefirst defendant in the case. The judge held that Adedayo failed to show the connectionbetween the petition written against him to the police by the state governmentand his suspension from office. The judge, therefore, dismissed the claim.
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