Summary of the Court Case: Makinde’s Appeal Denied, Court Fined N50 Million
The Court of Appeal in Abuja has upheld the April 27 decision of the High Court of the Federal Capital Territory (FCT) ordering the Oyo State governor, Seyi Makinde, to pay the outstanding balance of N3,374,889,425.60 (N3.4b) from a May 7, 2021 Supreme Court judgement.
The N4,874,889,425.60 debt arose from a Supreme Court judgement handed down against Makinde, the state’s Attorney General, Accountant General, and four others in an appeal by chairmen and councillors elected on the platform of the All Progressives Congress (APC), but sacked by Makinde on May 29, 2019.
The appeals court rejected Makinde and six other appellants’ appeals as being without merit, upholding the arguments made by Musibau Adetunbi (SAN), the counsel for the former council chiefs, in resolving the two matters that were put to a vote against the appellants.
The court fined Makinde and the other appellants N50 million, which is to be given to the former council heads under the direction of Bashorun Mojeed Bosun Ajuwon.
The ruling concerned the appeal with file number CA/595/2023, which was submitted by Makinde, the Attorney General of Oyo State, the Commissioner for Local Government and Chieftaincy Affairs, the Oyo State Accountant General, the Speaker of the Oyo State House of Assembly, the House of Assembly, and the Oyo State Independent Electoral Commission (OYSIEC).
Contrary to the appellants’ claim, Justice Danlami Senchi held in the lead judgment that there was no disagreement on the amount that made up the judgment debt.
Referring to a letter dated December 13, 2021, the Attorney General of Oyo State stated that the state owed the former council leaders N4,874,889,425.60 in salary and allowances, with a promise to settle the outstanding balance in six months.
He claimed that despite the AG’s letter and the appellants’ efforts to settle the debt through partial payment, the court could not permit the Oyo State Government and its representatives to both approve and reprobate, blow hot and cold at the same time.
Judge Senchi also rejected the appellants’ argument that the ex-council chiefs should have waited to file a garnishee action to take state monies to pay off the judgment debt and have the Oyo State Attorney General’s approval.