The plaintiffs who are the  Majority Leader of the Kwara State House of Assembly and the Chairman, House Committee on Youth, Sports and Information respectively, instituted the legal action over the intentional abandonment of the project after collecting substantial part of the contract sum.

In a writ of summons made available to The Herald on Sunday, the plaintiffs said intentional abandonment of road had caused the people of the state including the plaintiffs undue hardship since the road had become practically impassable.

The plaintiffs described abandonment of the project as illegal and wrongful.

They noted with displeasure that the 1st defendant had failed to use the power of his office to compel 2nd defendant to execute the project upon which a huge sum of money had been received or bring him to book for such failure.

The plaintiffs said it was discovered after thorough investigation that 13 per cent mobilization amounting to millions of naira, had been paid to the 2nd defendant.

They said after they had callously abandoned the site, three seasons of heavy rainfall had hit the part shoddily bulldozed by the second defendant which had put the road in a worse condition than it was before the contract was awarded and made the part practically impassable.

“Because of the appealing nature of the road and its impassability, all vehicles especially commercial vehicles have boycotted the Ajase-Ipo axis and are now accessing Offa through Ogbomosho/Iwo Road in Oyo State thereby hurting/paralyzing the commercial activities of the affected communities, that is, Irepodun, Oyun and Offa Local Government Areas of Kwara State”.

They noted that despite the worsening condition of the road, the Kwara State Government could not award its rehabilitation because it had already been awarded to the 2nd defendant and money of tax payers upon which the contract was awarded was in his custody.

The plaintiffs wanted the court to declare the abandonment of the road project by the 2nd defendant as illegal and wrongful and compel him to return to the site to complete the road project.

In the alternative, they demanded the 1st defendant to use his office either to compel the 2nd defendant to execute the contract or bring him to book for such failure.