An Ondo State based lawyer, Barr. Femi Emmanuel Emodamori, has filed a suit at the State High Court to nullify the composition of Transition/Caretaker Committees by Governor Lucky Orimisan Aiyedatiwa for the 18 recognized Local Government Areas (LGAs) in Ondo State, and the 33 Local Council Development Areas (LCDAs) created in 2023, but voided by the State High Court recently.
In the suit, the lawyer joined as defendants Governor Lucky Aiyedatiwa, the State Attorney General, Kayode Ajulo, SAN, and others.
Speaking with newsmen on the suit, Emodamori said “MY FRESH SUIT AGAINST THE ONDO STATE GOVERNMENT OVER THE
APPOINTMENT OF CARETAKER COMMITTEES TO GOVERN THE 18 LOCAL GOVERNMENT AREAS IN ONDO STATE AND THE PURPORTED 33 LCDAS ALREADY NULLIFIED BY THE COURT
“Earlier today, the media was flooded with the shocking news of the appointment of a fresh set of Caretaker Committees by Governor Lucky Orimisan Aiyedatiwa has to administer the 18 constitutionally recognized Local Government Areas (LGAs) in Ondo State, and the purported 33 Local Council Development Areas (LCDAs) created in 2023, but nullified by the Ondo State High Court in a judgment delivered on 20th June, 2024 in Suit AK/395/2023: Lawal Rogbitan & 22 others v. The Governor of Ondo State & 2 others.
“This, to me, is the peak of executive lawlessness, considering the fact that the Supreme Court has consistently been delivering judgments unequivocally restating that Local Government Areas must be governed by democratically elected officials in line with Section 7 (1) of the 1999 Constitution and that appointing Caretaker Committees to govern Local Governments is unconstitutional and illegal.
“Worse, still, Governor Aiyedatiwa even appointed purported Caretaker Committees for the 33 LCDAs that have been nullified by the Court and therefore cease to exist in the eyes of the law. This is the height of impunity!
“Consequently, I have personally instituted a fresh Suit No. AK/278/2024: Femi Emmanuel Emodamori V. The Governor of Ondo State & 5 Others at
the Ondo State High Court by Originating Summons, seeking the following reliefs:
- A DECLARATION that by the express provisions of Sections 1(2) and 7 of
the Constitution of the Federal Republic of Nigeria, 1999 (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 of Nigeria, 2006 enacted pursuant to Section 7 (1) of the Constitution, it is illegal and unconstitutional for the 1st to 4th Defendants to appoint or authorize the 5th and 6th Defendants and other persons to take over the governance or administration of the Local Government Areas (LGAs) in Ondo State. - A DECLARATION that the appointment of Caretaker Committees to run or govern the purported 33 Local Council Development Areas (LCDAs) in Ondo State is unconstitutional, illegal null and void, particularly in view of the Judgment of this Honourable Court delivered on 20th June, 2024 in Suit No. AK/393/2023: Lawal Ibukun Rogbitan & 22 Ors. v. The Governor of Ondo State & 2 Ors.
- AN ORDER setting aside and/or nullifying the appointment of the 5th to 6th Defendants and those they represent as Caretaker Committee member for the administration, governance and control of the Local Government Areas (LGAs) and the purported Thirty-Three (33) Local Council Development Areas (LCDAs) in Ondo State.
- AN ORDER OF PERPETUAL INJUNCTION restraining the 5th to 6th
Defendants and those they represent from parading themselves as
Caretaker Committee members administering, governing or controlling the 18 Local Government Areas (LGAs) and the purported Thirty-Three (33) Local Council Development Areas (LCDAs) in Ondo State.
“The Governor of Ondo State (Lucky Orimisan Aiyedatiwa), the Attorney-
General of Ondo State (Kayode Ajulo, SAN), the Commissioner for Local
Government and Chieftaincy Affairs and the Commissioners for Finance
are the 1st to 4th Defendants respectively in the Suit, while two members of the purported Caretaker Committees were sued as the 5th and 6th Defendants, for themselves and as representatives of all the Caretaker Committees purportedly constituted for the 18 Local Government Areas (LGAs) and 33 Local Council Development Areas (LCDAs) in Ondo State.
“I equally filed a Motion on Notice for Interlocutory Injunction to retrain the
purported Caretaker Committee members from taking over the administration of the Local Government Areas and the so-called LCDAs, and to stop the State Government from disbursing any public funds whosoever called to the Caretaker Committees, pending the hearing and determination of the substantive Suit. In the same vein, I have filed an Affidavit of Urgency to disclose reasons why the Suit must be heard and determined expeditiously.
“The court processes have been served on the 1st to 4th Defendants in the Suit, and I am now awaiting a date for hearing of the Suit. Let me restate that, as usual, I will pursue the case to a logical conclusion,” Barr. Femi Emmanuel Emodamori said.
