NO INJUNCTION CAN RESTRAIN A COMPLETED ACT – ALGON

The Association of Local government of Nigeria (ALGON) Oyo State has vowed to continue in office despite an injunction purportedly procured by the State government.

In a statement issued yesterday, Chairman of ALGON in Oyo State, Prince Ayodeji Abass – Aleshinloye said it is a fact that there cannot be a restrain order for an action that had already been completed while the purported order had not been served on any member of ALGON.

“It is unfortunate that the State continues to embark on an exercise in futility. Our people have resumed office since Friday 24 and Monday 27, January, 2020 and they (State Government) claimed to have an order of restrain procured today, Tuesday January 28, 2020. Meanwhile that order has not been served on anyone and if eventually served on anyone, it is of no legal effect. Is it possible to restrain an action that has already been completed?”

The full statement reads:

“Our attention has been drawn to an unconfirmed order purportedly issued by a Court claiming to restrain elected local government Council Chairmen and Councillors from resuming office in pursuance of our constitutional mandate and as affirmed by the Supreme Court and Oyo State High Court Judgment.

Let all and sundry be informed that we have not been served with any such order and/or process in any fresh suit. We will like to state the following for the purpose of record:
• We were never removed from office in pursuance of any Order and there is no law that can be employed in aid of an illegality that will stand in a constitutional democracy.
• Reference to a purported Court Order in internet chat room does not constitute service of Court process until such order is served on relevant parties.
• More importantly, it is trite in law that an order of injunction cannot lie against acts already completed. All the local government Chairmen and Councillors have since resumed in their offices in 33 the local governments and 35 Local Council Development Areas (LCDA) since Friday 24th and Monday 27th January, 2020. Hundreds of witnesses abound to testify about the resumption including the Nigeria Police, Oyo State Commissioner of Police, Mr Shina Olukolu, Division Police Officers (DPO) of various divisions as instructed by the Inspector General of Police to ensure compliance with the Supreme Court Judgment, Local government staff, Peoples democratic Party (PDP) members and the thugs they procured to cause a breach of peace in some Council Areas as well as witnessed by several other citizens of Oyo State.
It is therefore patently clear that any purported order even if true and if eventually served, can only be an order in futility.

No injunction can restrain a completed act. We are by this release putting the Police and other security agencies on notice to ensure that the armed People Democratic Party thugs roaming the street are not allowed to breach the peace in aid of any purported order made in futility. We remain in office until the end of our mandate.”