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PDP DRAGS FAYEMI TO COURT

PDP DRAGS FAYEMI TO COURT

The seeming friendship that had existed between the Peoples Democratic Party (PDP) and the Governor Fayemi-led Ekiti State Government following the last Gubernatorial elections in the state has hit the rocks as the party has decided to sue the Government over its proposed plan to create 18 additional Local Council Development Areas (LCDAs).
In the suit number HAD/75/2014 filed at the High Court of Justice, Ado-Ekiti Judicial Division on July 1, 2014 and deposed to by the PDP Chairman in the State, Mr Makanjuola Ogundipe on behalf of the party, the party  described Governor Kayode Fayemi’s intended action as illegal and unconstitutional and a flagrant violation of the provisions of the 1999 constitution.
Joined in the suit are: Governor Fayemi(1st defendant), Attorney General and  Commissioner for Justice, Mr Wale Fapohunda (2nd defendant) and the Ekiti State House of Assembly(3rd defendant).
In the suit, the state PDP is seeking the following reliefs: A declaration that it is an exercise in futility for the first 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 LCDA created by Governor Fayemi in contravention of the 1999 Constitution as amended is null, void and of no effect.’
The party is also seeking a perpetual injunction restraining the defendants from embarking on further process towards the creation of additional councils.
It is also seeking a perpetual injunction restraining the third defendant, the Ekiti State House of Assembly, from receiving and or considering any process forward to it by the governor in relation to the creation of new councils.
The Ekiti State PDP also wants the court to determine the followings: ‘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 Governor Fayemi has the power to exhibit such power without recourse to the National Assembly.’ No date has been fixed yet for the hearing of the case

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