Ekiti State chapter of the Peoples Democratic Party (PDP) has sued the state Governor, Dr Kayode Fayemi,over plans to create 18 new Local Council Development Areas out of the existing 16 Local Governments in the state.
In the suit number HAD/75/2014 filed at the High Court of Justice, Ado-Ekiti Judicial Division on 1st July and deposed to by the PDP State Chairman, Mr Makanjuola Ogundipe, on behalf of the party, PDP described Fayemi’s action as illegal and unconstitutional and a flagrant violation of the provisions of the 1999 Constitution of the Federal Republic of Nigeria.
Also joined as defendants in the suit are: the state Attorney-General and Commissioner for Justice, Mr Wale Fapohunda and the Ekiti State House of Assembly.
With the suit, PDP is seeking the following reliefs: A declaration that it is an exercise in futility for the first defendant to embark on the creation of local governments or LCDAs at the twilight of his tenure, being a process that cannot be completed before the expiration of his tenure but meant to cause confusion for the incoming government.
“A declaration that any local government or LCDA created by Governor Fayemi in contravention of the 1999 Constitution as amended is null, void and of no effect,” the document presented by PDP stated.
The PDP is also seeking a perpetual injunction restraining the defendants from embarking on further process towards the creation of additional councils.
It also seeking a perpetual injunction restraining the third defendant, the Ekiti State House of Assembly from receiving and or considering any process forward to it by the governor in relation to the creation of new councils.
The Ekiti State PDP also wants the court to determine the followings: “Whether Governor Fayemi can validly create local governments or LCDAs in contravention of Section (3) of the 1999 Constitution.
“Whether the governor has the power under the 1999 Constitution to abolish local government areas created under the 1999 Constitution by altering their names, adjusting their boundaries and dividing them into smaller units.
“Whether Governor Fayemi has the power to exhibit such power without recourse to the National Assembly.”
No date has been fixed for the hearing of the matter.
