The Peoples Democratic Party has sued the Ekiti State Government over its plan to create 18 additional Local Council Development Areas (LCDAs) in the state.
In the suit number HAD/75/2014 filed at the High Court of Justice, Ado-Ekiti Judicial Division on Tuesday and deposed to by the state PDP Chairman, Mr Makanjuola Ogundipe, on behalf of the party, Governor Kayode Fayemi’s action was described as illegal and unconstitutional and a flagrant violation of the provisions of the 1999 Constitution.
Joined in the suit were: Governor Fayemi(1st defendant), Attorney General and Commissioner for Justice, Mr. Wale Fapohunda (2nd defendant) and the Ekiti State House of Assembly(3rd defendant).
Consequently, the party sought the following reliefs: “A declaration that it is an exercise in futility for the 1st 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 LCDAs created by Fayemi in contravention of the 1999 Constitution as amended is null, void of no effect.
The PDP sought a perpetual injunction restraining the defendants from embarking on further process towards the creation of additional councils.
The party also sought a perpetual injunction restraining the 3rd defendant, Ekiti State House of Assembly, from receiving and or considering any process forwarded to it by the Governor.
Aside the foregoing, the PDP set the followings for determination: 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 Fayemi has the power to exhibit such power without recourse to the National Assembly.
The date for the commencement of the hearing of the case is yet to be communicated to the parties.
Meanwhile, the party has issued a warning to the Ekiti State civil servants collaborating with the outgoing APC-led government to loot the state’s treasury.
According to a press statement issued by the party’s State Publicity Secretary, Pastor Kola Oluwawole and made available to the press in Ado Ekiti yesterday, the party warned that those civil servants found to have assisted Fayemi administration in the illegal employment and issuance of backdated letters of appointment would face disciplinary action when the new government is inaugurated.
Oluwawole also stated that civil servants discovered to have helped the outgoing government to loot the treasury would face disciplinary action.
He also warned against plans to conduct election into the 16 local councils and the newly created 18 local council development areas at the end of this month.
However, in his reaction, the state Commissioner for Information, Mr. Tayo Ekundayo said as a party and government, we have tenure to end on October 16.
“Whatever we do within now and then we have legitimate rights to do. For anybody to issue a directive now to civil servants in respect of that is arrant nonsense.
“I can assure that there is nothing illegal that government Fayemi will do before his tenure lapses because he is a lover of democracy and rule of law,” he said.