Court dissolves Lagos LG caretaker committees

 

Justice Abdulfatal Lawal of the Lagos High Court sit­ting in Igbosere yesterday, declared the appointment of caretaker committees over the ad­ministration of local government councils in the state as illegal and unconstitutional.

The court gave the verdict in a suit filed by the National Conscience Party (NCP), through its lawyer, Ebun-Olu Adegboruwa.

The trial judge, directed LASIEC to conduct elections in all local gov­ernments within 30 days.

Justice Lawal held that no gover­nor is empowered by the constitu­tion to take over the administration of local governments through sole administrators or caretaker commit­tees.

“I call on the Lagos State Govern­ment to immediately implement the judgment of the court by dismantling all the illegal structures of local gov­ernment caretaker committees.

“I also call on all state govern­ments where the local governments are manned by administrators to conduct elections immediately”, the court held.

Justice Lawal held that the sys­tem of local government can only be managed by democratically elected people and if the state House of As­sembly should make any law vali­dating sole administrators for local government, such law will be invalid and unconstitutional.

The court further declared the Lagos State Local Government law, which allows for the appointment of caretaker committees, as illegal and unconstitutional.

The court held that section 1(3) of the constitution stipulates that Nige­ria should not be run in any manner that is contrary to the constitution.

The court rejected the argument of LAISEC that it was waiting for voters register from INEC since the same voters register and polling booths were used for the April, 2015 elections.

Consequently, Justice Lawal di­rected LASIEC to conduct elections in all local governments within 30 days.

Counsel to NC, Mr. Adegboruwa commended the judge for his mani­fest courage, adding that this “ has once again proved that the Nigerian judiciary has been the sustainer of our democracy” .

The applicant, National Con­science Party, through its National General Secretary, Comrade Ayo­dele Akele, had filed the action for a declaration that the local govern­ments in Lagos State can only be run and managed by a democratically elected administration.

The party had sought for an order directing Independent National Elec­toral Commission (INEC) to supply voters register to Lagos State Inde­pendent Electoral Commission.

Besides, the applicant is seeking an order of mandamus compelling LAISEC to forthwith conduct local government elections in Lagos State and to declare the caretaker commit­tees as illegal.

credit; sun news