July 12, 2024
The lawmaker representing Ese-Odo/Ilaje Constituency, Donald Ojogo, has cautioned Governor Lucky Aiyedatiwa not to swear in transition committees for the 33 local council development areas (LCDAs) and the 18 local government areas.
This is just as Ondo Commissioner for Justice and Attorney-General, Olukayode Ajulo, insisted that the appointment of transition committees was a lawful exercise of the governor’s constitutional powers.
Ajulo explained that the committees were intended to ensure seamless transition and continuity of government business in the affected areas.
In a statement issued in Akure, Ajulo said the judgment of Hon Justice A. O. Adebusuoye on 20th June 2024, only declared the Local Government Creation Law 2023 unconstitutional, but did not invalidate the executive and administrative powers of the Governor of Ondo State to take steps that would ensure effective and good governance of any part of the state.
“The legality of the LCDAs is currently the subject of ongoing legal proceedings, which are presently under appeal. The court has taken notice of this appeal. Therefore, the Governor’s appointment of Transition Committees is not in contempt of the court’s judgment, but rather a prudent action to ensure that the business of government continues uninterrupted in the affected areas.
“I urge the PDP to respect the rule of law and allow the legal process to run its full course, rather than resorting to inflammatory rhetoric”, he said.
However, Ojogo, who lauded the Supreme Court judgment granting full financial autonomy to the local governments, said it was a booster of hope to Nigeria’s rural dwellers at the grassroots.
Ojogo said the good intentions of Aiyedatiwa to bring good governance closer to the grassroots appeared to have been invalidated by the pronouncement.
He said: “Undoubtedly, the judgement is novel; and it has enriched the Nation’s jurisprudence further. Consequently, stakeholders and critical players at the grassroots are enjoined to embrace and adapt to this breaking judicial pronouncement.
“The Supreme Court judgement has put in abeyance, the hopes of most, if not all enclaves whose desire for deepened grassroots governance was raised by the creation/appointments into the new LCDAs.
“Going ahead to inaugurate the LCDAs has the potential of permeating needless distrust and unbelievably huge political arrogance by those on the side of the new balance of advantage opened by the Apex Court.
“It is evident therefore, that, by this verdict, going ahead with the inauguration of the LGAs/LCDAs will put Ugbo, Aheri, Etikan, and Arogbo-Ijaw Kingdoms of Ilaje/Ese-Odo Federal Constituency at the mercy of the principal LGAs of ILAJE and ESE-ODO respectively.
“We can avoid the needless socio-political impasse that steers at us by reverting to our original 18 LGAs already referenced by the verdict of the Ondo State High Court.”
A lawyer and human rights activist, Tope Temokun, said the planned swearing-in of transition committees should be cancelled.
Temokun said the transition committees formed part of the unconstitutional contraptions euphemistically called caretaker or administering committees which the apex court has declared unlawful and unconstitutional.
He called on Governor Aiyedatiwa to direct ODIEC to put machinery in motion to conduct local government elections to fill in the 18 local councils in the state with democratically elected governments within a reasonable and definite deadline.
Temokun urged Aiyedatiwa to summon the courage to accept the current reality and dissolve the transition committees.
According to him, “Your Excellency, we must be courageous enough to let political correctness die at this time so that Ondo State can live, as this today remains the only path of progress we can toe today in Ondo State.
“After this patriotic entreaty for the good of our state, if Your Excellency still considers the planned inauguration non-negotiable and proceeds with it, then for the good of our dear state, I shall proceed to court without delay to seek nullification of the inauguration and immediate election into our local councils.”
PDP asks Ajulo to resign
Meanwhile, the Peoples Democratic Party (PDP) in Ondo State has asked Ajulo to immediately resign as Attorney-General and Commissioner for Justice for violating his oath of office.
It said Ajulo did not cite any portion of the Nigerian Constitution to back claims that the appointment of transition committees for 18 Local Governments and 33 local council development areas was the constitutional right of the governor.
“If a Senior Advocate of Nigeria, who is expected to know the laws of our land is the person urging Hon Lucky Aiyedatiwa to trample on our Constitution and Supreme Court pronouncement, then, he no longer deserves to serve as the Chief Law Officer of the State.
“It is very unfortunate that Ajulo tried in vain to legitimise the illegality of his Governor the same day the Supreme Court made the declaration. The apex Court in Nigeria has spoken and the Attorney General is saying something different. Which Constitution was Ajulo referring to as authority for appointing the Transition Committees? You cannot put something on nothing and expect it to stand
“Since Kayode Ajul0 is incapable of advising the Governor according to law, he is advised to resign immediately”, the party argued.
