The move by Ondo State Governor Lucky Aiyedatiwa to secure constitutional backing for the 33 Local Council Development Areas (LCDAs) has again been rejected.
The latest development came as a lawyer, Tolu Babaleye, represented by a legal firm, kicked against Aiyedatiwa’s position to have legal backing for the 33 LCDAs.
The governor had last Friday at the public hearing of the House of Representatives Committee on the Review of the 1999 Constitution, held in Akure, appealed to the Committee on the Constitution Amendment to recommend the inclusion of newly-created LCDAs in the proposed constitution.
Governor Aiyedatiwa said it was the interest of the government and people of the state that additional local governments be created in the state, citing how Lagos State LCDAs were being proposed for inclusion in the constitution as full-fledged local governments.
“In Ondo State, we have functional 33 LCDAs duly created by the state government. We strongly advocate that the proposed bill be expanded and these 33 LCDAs in Ondo State be recognised as full-fledged local governments in the First Schedule of the Constitution,” he told the committee.
Recall that the House of Assembly had passed the bill for the creation of 33 additional councils to co-exist with the 18 local governments of the state on August 15, 2023.
In September 2023, former Governor Rotimi Akeredolu signed the bill into law, a day after his return from three months medical leave – but the decision sparked crisis, with some communities and the opposition parties in the state rejecting the development, prompting legal tussle.
The Akure Division of the High Court in the state had in June 2024 nullified the creation of the additional 33 LCDAs.
Justice Adegboyega Adebusoye of the State High Court, who gave the verdict, had held that it was illegal for a governor (the late Akeredolu) to sign a law outside the state he or she governed.
Adebusuoye said the LG Creation Law 2023, which birthed the 33 LCDAs, stood nullified because the late Akeredolu signed the law in Ibadan, Oyo State, and not on Ondo soil.
But addressing reporters at the weekend, Babaleye, represented by the legal firm through a counsel, Beckiston Ataine, accused the state government led by Aiyedatiwa of attempting to bypass the court’s ruling by lobbying members of the National Assembly for the inclusion of the 33 LCDAs in Nigeria’s Constitution.
He described the LCDAs as “legally non-existent, as dead as fried plantains,” emphasising that the state’s continued recognition of the councils flouts the rule of law.
Ataine, who also represented the aggrieved residents of Akoko land, underscored the High Court’s landmark judgment that declared the creation of the 33 LCDAs illegal, null and void.
The lawyer recalls how the High Court had also ruled that the process for the creation of the 33 LCDAs was lopsided, disproportionately marginalising communities, particularly in Akoko land, in favour of others.
“The legal battle began when Akoko land residents, feeling short-changed by the uneven distribution of the LCDAs, sought redress in court.
“However, the state government’s response has been less than forthcoming. Although it filed an appeal against the judgment, no substantial progress has been made,” he said.
The law firm revealed that “the government failed to submit its brief of argument after reluctantly transmitting appeal records out of time, suggesting the appeal was merely a ploy to delay the enforcement of the court’s decision.
“Further compounding the issue, the state government applied for a stay of execution, a move Ataine dismissed as futile since declarative judgments, like the one nullifying the LCDAs, cannot be stayed under Nigerian law.
“The government’s actions show a blatant disregard for the judiciary,” Ataine said, expressing dismay that ‘’the state has continued to treat the LCDAs as legitimate entities, allocating resources and administrative functions to them despite their nullification. We are not here to clash with the government but to ensure justice prevails.”
He urged the people of Akoko to remain peaceful while the firm takes steps to formally advise the National Assembly on the legal status of the LCDAs.
“The judgment of the Ondo State High Court remains sacrosanct, and we call on the state government to respect it in the interest of harmony and fairness.”
