The Federal Court of Appeal sitting in Ibadan, Oyo State capital yesterday rejected agitation of former All Progressives Congress (APC) council chairmen towards their dissolution by the administration of Governor Seyi Makinde, saying that their cause of action was “pre-emptive, premature and speculative and therefore failed to disclose reasonable facts.”
The court held that the case which the council bosses instituted at the twilight of the administration of Governor Abiola Ajimobi who swore them in, was based on rumour that the then governor, now late, intended to dissolve them and appoint caretaker chairmen, whereas, the veracity of the rumoured action was not actualised before the administration wound up on May 29, 2019.
The court in the 46 minutes judgment delivered by Justice H.A. Tsammani on behalf of his learned brothers F. Ojo and Jimi Bada, held that the fact that Governor Makinde dissolved the Council Chairmen was not an issue before the court because the then action of theirs at the High Court was merely speculative and not binding on the current administration.
He said: “The claim of the respondents was based on speculation and conjecture. There were no verifying facts before filing the action. “The respondents cited the case of Ekiti State v. Olubumo but the governor actually dissolved the Council in that case. Similarly, in the case of Ojukwu v. Lagos State, the action of eviction actually took place.
“The respondents in the instant case before us did not disclose any positive facts to justify their cause of action. I have therefore come to the conclusion that the respondents’ Originating Summons did not disclose any cause of action between the appellant and the respondents.”