BREAKING: Lawyer Temokun Sues Governor Aiyedatiwa and Others Over Appointment of Transition Committees for Ondo Local Councils

Tope Temokun, a lawyer and human rights advocate, has filed a lawsuit against Governor Lucky Aiyedatiwa, challenging the legality of appointing and inaugurating Caretaker Committees or Transition Committees to manage local government affairs in Ondo State.

The lawsuit, filed at the Ondo State High Court’s Akure Division, seeks a court order declaring such appointments illegal, unconstitutional, and null and void.

The Attorney General of Ondo State and the Ondo State Independent Electoral Commission are also named as defendants, listed as the 2nd and 3rd defendants respectively, with the governor as the 1st defendant.

This legal challenge, initiated through an Originating Summons, is based on Sections 6(6)(a) and (b) of the 1999 Constitution of the Federal Republic of Nigeria (as amended); Order 5, Rules 5 and 7 of the Ondo State High Court (Civil Procedure) Rules, 2019; and the inherent jurisdiction of the court.

The Claimant, Tope Temokun, argued that the governor’s act of appointing or constituting and inaugurating transition committees to oversee local government affairs has deprived him of his right to vote in and have a democratically elected local government council in his Local Government Area. He contends that this action violates Sections 1(1), (2), and (3) and Section 7(1) of the 1999 Constitution, as well as Section 1(1) of the Ondo State Local Government Administration Law, CAP 87, VOL.2, Laws of Ondo State, 2006.

In the suit, Temokun formulated six questions for the court’s determination and sought 11 reliefs against the Defendants. One key question is whether the governor’s act of appointing or constituting and inaugurating any person or committee, other than democratically elected Local Government Councils, to govern local government areas is illegal and unconstitutional.

If the court answers affirmatively, the Claimant seeks, among other reliefs, a court order mandating the Defendants to comply immediately with the Supreme Court’s decision in the judgment delivered on July 11, 2024, in Suit No: SC/CV/343/2024 – AG FEDERATION V. AG ABIA STATE & ORS.

The Claimant also seeks an order of perpetual injunction restraining the governor from further appointing and inaugurating any person or committee other than democratically elected Local Government Councils to oversee local government affairs.

A date for the hearing of the suit has not yet been fixed.