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June 22, 2024
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Igbara-Oke Councillor in trouble, dragged to Ondo Court to refund 2years illegally received salaries

FRESH LEGAL TUSSLE OVER IGBARA-OKE WARD 1 COUNCILLORSHIP ELECTION;
ADC CANDIDATE DRAGS APC CANDIDATE TO COURT; SEEKS REFUND OF ALLEGED TWO YEARS SALARIES FRAUDULENTLY RECEIVED DESPITE NULLIFICATION OF HIS ELECTION BY THE COURT.

A fresh legal tussle has been ignited between Mr. Ojo Busola Emmanuel, the candidate of the African Democratic Congress (A.D.C), in the 10th November, 2021 rerun councillorship election for Igbara-Oke Ward 1 in Ifedore Local Government Area of Ondo State, and Mr. Kehinde Lawal, the APC candidate in the election.

Speaking with newsmen in Akure today, Ojo Busola Emmanuel said he had approached the Ondo State High Court to compel Lawal Kehinde to refund all the payments he allegedly received as a councilor in Ifedore Local Government from November, 2021 till August, 2023, despite the nullification of his election by the Ondo State Local Government Election Tribunal in January, 2022, and the subsequent judgment of the High Court dismissing Lawal’s appeal against the judgment of the Tribunal.

Confirming the development, Ojo Busola’s lawyer, Femi Emmanuel Emodamori, stated that for anyone to receive and spend any salaries and allowances which he knows he is not entitled to, is a clear case of fraud in law, going by the numerous decisions of the appellate courts.

In the court process sighted by newsmen, which Mr. Ojo Busola filed through Femi Emmanuel Emodamori on 28th November, 2023 with Suit No. AK/470/2023, he is seeking the following reliefs:

a. A DECLARATION that it was illegal and unconstitutional for the 1st Defendant to have recognized and paid the 2nd Defendant salaries, allowances, emoluments and/or severance benefits as a Counselor in Ifedore Local Government Area of Ondo State from November, 2021 till August 2023 with public fund, despite the nullification of the 2nd Defendant’s election as the Councilor representing Igbara-Oke Ward I in the Local Government by the Ondo State Local Government Election Tribunal in Petition No. AK/EPT/01/2021, and the subsequent judgment of the Ondo State High Court sitting as the final appellate court on local government election in Suit No. AK/EP/01/2022 striking out the 2nd Defendant’s appeal against the Judgment of the said Tribunal.

b. A DECLARATION that it was fraudulent for the 2nd Defendant to receive, collect or accept any salary, allowances, emoluments or severance benefit from the 1st Defendant as a Councilor representing Igbara-Oke Ward 1 in the 1st Defendant Local Government, despite the nullification of his election as such by the Ondo State Local Government Election Tribunal in Petition No. AK/EPT/01/2021 and his unsuccessful bid to upturn the nullification at the Ondo State High Court sitting as the final appellate court on local government Election in Suit No. AK/EP/01/2022.

c. AN ORDER of this Honourable Court directing the 1st Defendant to retrieve or recover all the salaries, allowances,
emoluments and/or severance benefits illegally or fraudulently paid to the 2nd Defendant as the purported
Councilor representing Igbara-Oke Ward 1 in Ifedore Local Government of Ondo State between November, 2021 and August, 2023, pay same to Ifedore Local Government treasury and file the evidence of the payment in the Registry of this Honourable Court within 45 days from the judgment of the Court.

d. AN ORDER of this Honourable Court directing the 2nd Defendant to refund all the salaries, allowances, emoluments and severance benefits which he illegally or fraudulently received from the 1st Defendant as the purported Councilor representing Igbara-Oke Ward 1 in Ifedore Local Government of Ondo State between November, 2021 and August, 2023 to Ifedore Local Government Treasury and file the evidence of refund in the Registry of this Honourable Court within 45 days from the judgment of the Court.

e. The cost of this action. No date has been fixed for the hearing of the case.

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