The Christian Missions in Ogun State yesterday made good their threat, as they dragged the state governor, Ibikunle Amosun to court, over the planned reversal of the past administration’s decision to return schools to their original owners.
In the suit filed by the body with reference number AB/161/2011, they sought an interlocutory injunction restraining him (Mr Amosun) from taking back the mission schools which had earlier been returned to them.
Also joined in the suit are the State House of Assembly, Ministry of Education, Technology and Science and the State Executive Council, just as the body insisted that the government should respect the Memorandum of Understanding (MOU) between both parties.
It would be recalled that the immediate past administration of Gbenga Daniel had in 2009 returned 23 out of the 468 secondary schools in the state to their original owners.
However, the state House of Assembly, under the leadership of Tunji Egbetokun, as the Speaker had at its end of the tenure of the legislative work passed a motion for the reversal of the return of the schools.
Unlawful decision
The assembly had faulted Mr Daniel’s decision in returning the schools back to the mission, and called on Mr Amosun’s government to reverse the decision and the process repeated again.
But reacting then, the Christian Community frowned at the resolution and threatened to take the state government to court if it carried out the resolution.
The Christian mission in the suit, prayed the court to restrain the defendants from applying the provisions of sections 3 and 4 of the Education (Post-primary institutions) (Special Provisions) Law, Cap 36, Laws of Ogun State.
The claimants in the originating summons want the court to determine whether the House of Assembly Resolution No. 251 – Reversal of Illegal Return of Schools to Initial Owners – moved and passed on June 1 was lawful.
Similarly, the court was also asked to determine whether it was within the legislative functions of the assembly under Sections 100 and 128 of the 1999 Constitution or any other law to reverse the exercise of the power of the state executive council.
They also prayed the court to declare the purported House Resolution 251 as unconstitutional, null and void and of no effect. However, the date for the hearing of the suit has not been fixed as at the time of filing this report.
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