Justice Abdulfatai Lawal of Lagos State High Court at Igbosere has declared the appointment of caretaker committees to run local government councils in Nigeria by state governments as illegal and unconstitutional.
Consequently, Justice Lawal directed Lagos State Independent Electoral Commission (LASIEC) to conduct elections in all local governments within 30 days.
“I also call upon all state governments where the local governments are being manned by administrators to conduct elections immediately,” Justice Lawal stated.
Justice Lawal, who made this declaration while delivering judgment in a case filed by the National Conscience Party (NCP) seeking an order nullifying the appointment of caretaker committees to administer local governments by the Lagos State government.
In the judgement, the court held that no governor is constitutionally empowered to take over the administration of local governments through sole administrators or caretaker committees.
The court also 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 a law will be invalid and unconstitutional.
The judge ruled further that the Lagos State Local Government Law, which allows for the appointment of caretaker committees, is illegal and unconstitutional.
Moreover, 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.
“I call upon the Lagos State Government to immediately implement the judgment of the court by dismantling all the illegal structures of local government caretaker committees.
The court rejected the argument of LASIEC that it was waiting for voters’ register from INEC since the same voters’ register and polling booths were used for the April, 2015
elections.
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 for an order of mandamus compelling LAISEC to forthwith conduct local government elections in Lagos State and to declare the caretaker committees as illegal.
In response, Lagos State government and LAISEC said that upon the expiration of the tenure of the last local government administration in October 2014, Lagos State governor, by executive order appointed interim caretaker committees headed by executive secretaries, to run the affairs of all the local governments, in order to avoid a vacuum.
The National Conscience Party is contending that this is in contravention of section 7 of the 1999 Constitution which states that only a democratically elected government can be allowed to run the local governments and section 1(2) of the 1999 Constitution which states that no part of Nigeria shall be governed in any method that is contrary to the Constitution.
But counsel to Lagos State, Lawal Pedro, SAN and counsel to LAISEC, Yemi Adesina, submitted that unless INEC has given the voters register to LAISEC, elections cannot be conducted.
They argued further that the delay in the conduct of local government elections could not be blamed on the Lagos State government and urged the court to dismiss the case.
-Leadership