PURPORTED RESURRECTION OF ILLEGAL LCDAs VOIDED BY JUDICIAL ORDER: IS THE GOVERNOR OF ONDO STATE NOW EXERCISING JUDICIAL POWERS AS AN APPELLATE COURT?
By – Vincent Adodo, Esq., LL.M, NP
On the 20th June 2024, a High Court of Justice of Ondo State sitting in Akure delivered judgment in Suit No: AK/395/2023 between Lawal Ibukun Rogbitan & 21 Ors v. Governor of Ondo State & 2 Ors declaring that the Government of Ondo State failed to comply with the mandatory steps enumerated in section 8 (3) of the 1999 Constitution (as amended) in it’s albeit laudable attempt to establish new local governments areas in Ondo State under the administration of the immediate past Governor of the State, H.E. Late Oluwarotimi Odunayo Akeredolu, CON, SAN.
Secondly, the Court found that the Ondo State Creation of Local Government Law 2023 which established 33 new Local Council Development Areas (LCDAs) having been signed at Ibadan in Oyo State was not lawfully assented to by the former Governor thus putting it in serious conflict with section 176 of the 1999 Constitution and consequently illegal and void.
Consequently, the court in lawful exercise of it’s judicial powers under Section 6(6) (a) and (b) of the 1999 Constitution declared the LCDAs as illegal having been established in contravention of the supreme law of the land. This is a necessary conclusion that the court itself could not avoid given that by the Ondo State Local Government Creation Law 2023, the intention of the State Government is to establish new local governments areas and not mere administrative structures, hence the imperative to comply with section 8(3) of the 1999 Constitution.
It is notable that Section 8(3) of the 1999 Constitution upon which the Honourable Court predicated it’s voiding of the LCDAs was introduced into the Constitution by it’s framers to foster inclusion and wide participation by citizens in the process of creation of new local government areas, given that the local government system is meant to address the challenge of development at the grassroots.
However, while the Appeal filed against the judgment is still pending at the Court of Appeal and whilst the Motion for Stay of Execution filed by the Ondo State Government has not been heard, the Governor in brazen violation of the provisions of section 287 (3) of the 1999 Constitution (as amended) which mandates compliance with the judgment of the High Court purported to constitute what he termed transition committees into the 18 Local Government Areas and the Illegal and judicially executed and interred 33 Local Councils Development Areas in the midnight while all Nigerians were eagerly awaiting the judgment of the Supreme Court of Nigeria on the Local Government Autonomy suit filed at the Supreme Court by the Federal Government.
It cannot be over emphasized that under the constitutional democracy that we operate, the three arms of government have their respective powers clearly donated to them vide sections 4, 5 and 6 of the 1999 Constitution and no arm of government is permitted to hijack the powers of the other or foray unnecessarily into the scope of duties of the other.
The principle of separation of powers being the fulcrum of our constitutional democracy under the current 1999 Constitution (as amended) confers judicial powers (section 6 thereof) on only the courts and this delineation of powers must be respected by all players and stakeholders in Government, including the Executive.
Consequently, having invoked it’s constitutional right of appeal by filing an Appeal before the Court of Appeal, Akure Division to challenge the Judgment and having also invoked the equitable jurisdiction of the lower court for a stay of execution which is yet to be heard, the proper thing to do is await the decision of the Courts. Foisting a state of helplessness on the courts by constituting transition committees into the illegal LCDAs is certainly unconstitutional, illegal, an act of contempt of the judgment of the High Court of Ondo State and an executive usurpation of the judicial powers of both the High Court and the Court of Appeal.
With the judgment of the Supreme Court delivered on the 11th June 2024 which has proclaimed the constitution of undemocratically elected officials or committees as illegal, it is doubtful whether the Ondo State Government can lawfully appoint caretaker or transition committees into both the existing 18 Local Governments and the illegal 33 Local Councils Development Areas.
Given the recent development therefore, the Government of Ondo State is urged to immediately activate the process for conduct of elections into the 18 Local Government Areas in conformity with Section 7 of the 1999 Constitution and also the recent judgment of the Supreme Court granting financial autonomy to the 774 Local Governments in Nigeria.
