Oyo State Governor Seyi Makinde has approached the Court of Appeal to review a judgment by the Supreme Court which mandated him to pay the salaries and allowances of local government chairmen and councilors he unlawful sacked upon assuming office on May 29, 2019.
Makinde’s request is contained in a fresh motion and notice of appeal filed along with the state Attorney-General and five others, before the Court of Appeal in Abuja.
In both fillings, Makinde and others want the appellate court to, among others, reverse the orders of April 27 made by Justice A. O. Ebong of an Abuja High Court in furtherance of the May 7, 2021 Supreme Court judgment.
The ex-council officials, led by Mojeed Ajuwan, challenged their sack up to the Supreme Court which, in its the May 7, 2021 judgment, declared their sack as unlawful, less than 19 months to their three-year tenure.
The court ordered that their salaries and allowances be paid for the balance of the period from May 29, 2019 ending till May 11 2032, when their tenures would have ended. It also awarded N20 million against Makinde, in favour of the sacked officials.
Makinde had agreed to pay the officials N4.8874 billion, of which he paid only N1.5 million in 2022, leaving N3.374 billion outstanding. And instead of paying the outstanding judgment debt, he applied to be allowed to pay the outstanding in instalments of N300 million every six months, a proposal Ajuwon and other judgment creditors objected to.
In a ruling on April 27, Justice Ebong granted Makinde’s prayer to pay in instalments, but varied his payment plan on the grounds that if allowed to pay his way, it will take him six years to fully defray the debt. He therefore ordered the state’s banker to pay the initial N1.374 billion and the balance of N2 billion in instalments of N500 million every six months, with the first instalment payable on July 31, 2023.
It is this ruling that Makinde has appealed and applied to be stayed in a notice of appeal and motion on notice filed recently before the Court of Appeal in Abuja. He is praying the appellate court to, among others, stay the execution of the judgment pending the determination of the appeal.
In the notice of appeal, Makinde wants the court to reverse the ruling, arguing that the state has no resources to pay as ordered by the court. He said the state will be unable to meet its obligations should the order be executed as made.
But Ajuwon and others said Makinde’s action is targeted at undermining the Supreme Court’s judgment. They also filed a cross-appeal, faulting the governor’s claim, and saying the state has the capacity to pay the debt, having not shown by credible documentary evidence that it was bankrupt.