BREAKING: Lawyer Temokun Drags Governor Aiyedatiwa, Others To Court Over Appointment Of Transition Committees For Ondo Local Councils

Probitas5 months ago7812 min

Tope Temokun, a lawyer and human rights advocate, has taken Governor Lucky Aiyedatiwa to court, challenging the legality of appointing and inaugurating Caretaker Committees or Transition Committees to manage local government affairs in the state. 

The lawsuit, filed at the Ondo State High Court’s Akure Division, seeks a court order declaring such appointments illegal, unconstitutional, and null and void. 

The Attorney General of Ondo State and the Ondo State Independent Electoral Commission are also defendants in the case, listed as 2nd and 3rd respectively, with the governor as the 1st defendant.

This lawsuit, initiated through an Originating Summons, is founded on Sections 6(6) (a) and (b) of the 1999 Constitution of the Federal Republic of Nigeria (as amended); Order 5, Rules 5 and 7 of the Ondo State High Court (Civil Procedure) Rules, 2019; and the inherent jurisdiction of this Honourable Court.

 

The Claimant in the suit (Tope Temokun) told the court that the “1st Defendant’s (Governor Lucky Aiyedatiwa) act of appointing and, or constituting and, or inaugurating transition committees to oversee the affairs of the Local Government Areas in Ondo State has deprived him of his right to vote in and have a democratically elected local government council in his Local Government Area”.

 

He contended that the action violated the provisions of Sections 1(1), (2), and (3) and Section 7(1) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) and Section 1(1) of the Ondo State Local Government Administration Law, CAP 87, VOL.2, Laws of Ondo State, 2006.

In the suit, the Claimant formulated six questions for the court’s determination and sought 11 reliefs which he claims against the Defendants. 

One of the questions is: “Whether by virtue of Sections 1(1), (2) and (3) and Section 7(1) of the 1999 Constitution of the Federal Republic of Nigeria (As Amended) and Section 1(1) of the Local Government Administration, Conduct of Local Government Election, and Allied Matters Law, CAP 87, VOL.2, Laws of Ondo State, 2006, the 1st Defendant’s act of appointing and/or constituting and/or inaugurating any person or persons or committee, be it caretaker or transition committee, or by whatever name so called, other than democratically elected Local Government Councils, to govern or administer or oversee the affairs of the Local Government Areas in Ondo State is not illegal and unconstitutional?”

If the questions are answered in the affirmative, the Claimant seeks, among other reliefs, a court order mandating the Defendants to forthwith comply with the Supreme Court’s decision in the judgment delivered on July 11, 2024, in Suit No: SC/CV/343/2024 – AG FEDERATION V. AG ABIA STATE & ORS.

The Claimant also sought “an order of perpetual injunction restraining the 1st defendant from further appointing and/or constituting and/or inaugurating any person or persons or committee, be it caretaker or transition committee, or by whatever name so called, other than democratically elected Local Government Councils, to govern or administer or oversee the affairs of the Local Government Areas in Ondo State.

 

The claims of the Claimant include: “A DECLARATION that by virtue of Sections 1(1), (2) and (3) and Section 7(1) of the 1999 Constitution of the Federal Republic of Nigeria (As Amended) and Section 1(1) the Local Government Administration, Conduct of Local Government Election, and Allied Matters Law, CAP 87, VOL.2, Laws of Ondo State, 2006, the 1st Defendant’s act of appointing and/or constituting and/or inaugurating any person or persons or committee, be it caretaker or transition committee, or by whatever name so called, other than democratically elected Local Government Councils, to govern or administer or oversee the affairs of the Local Government Areas in Ondo State is illegal and unconstitutional.

 

“A DECLARATION that by virtue of Section 287(1) of the 1999 Constitution of the Federal Republic of Nigeria (As Amended), the 1st and/or 2nd Defendants and/or the defendants and/or any of their agencies and/or organs, cannot defer compliance with the decision of the Supreme Court contained in the judgment in Suit No: SC/CV/343/2024-AG FEDERATION V. AG ABIA STATE & ORS delivered on the 11th day of July 2024, to a later or convenient day or date or time.”

 

The claims also include “AN ORDER of this Honourable Court setting aside the 1st Defendant’s act of appointing and/or constituting and/or inaugurating any person or persons or committee, be it caretaker or transition committee, or by whatever name so called, other than democratically elected Local Government Councils, to govern or administer or oversee the affairs of the Local Government Areas in Ondo State.

 

“AN ORDER of this Honourable Court directing and/or mandating the 1st and/or 2nd Defendants and/or the defendants and/or any of their agencies and/or organs, to comply immediately with the decision of the Supreme Court contained in the judgment in Suit No: SC/CV/343/2024-AG FEDERATION V. AG ABIA STATE & ORS delivered on the 11th day of July 2024.

 

“AN ORDER of this Honourable Court directing and/or mandating the defendants to immediately put in place democratically elected Local Government Councils, to govern or administer or oversee the affairs of the Local Government Areas in Ondo State, for the purpose of enforcing and giving effect to the orders of the Supreme Court contained in the judgment in Suit No: SC/CV/343/2024-AG FEDERATION V. AG ABIA STATE & ORS delivered on the 11th day of July 2024.

 

“AN ORDER of this Honourable Court directing and/or mandating the 3rd Defendant to give a definite day or date for the conduct of Local Government Elections in Ondo State to put in place democratically elected Local Government Councils, to govern or administer or oversee the affairs of the Local Government Areas in Ondo State, for the purpose of enforcing and giving effect to the orders of the Supreme Court contained in the judgment in Suit No: SC/CV/343/2024-AG FEDERATION V. AG ABIA STATE & ORS delivered on the 11th day of July 2024.

 

“AN ORDER of this Honourable Court directing and/or mandating the 3rd Defendant to proceed to conduct Local Government Elections in Ondo State to put in place democratically elected Local Government Councils, to govern or administer or oversee the affairs of the Local Government Areas in Ondo State, for the purpose of enforcing and giving effect to the orders of the Supreme Court contained in the judgment in Suit No: SC/CV/343/2024-AG FEDERATION V. AG ABIA STATE & ORS delivered on the 11th day of July 2024.

 

“AN ORDER of perpetual injunction restraining the 1st defendant from further appointing and/or constituting and/or inaugurating any person or persons or committee, be it caretaker or transition committee, or by whatever name so called, other than democratically elected Local Government Councils, to govern or administer or oversee the affairs of the Local Government Areas in Ondo State.

 

“ANY OTHER ORDER OR FURTHER OTHER as this Honourable Court may deem fit to make in the circumstance.”

 

Meanwhile, a date has not been fixed for the hearing of the suit.

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