NNPP petitions CJN over Ondo caretaker committees

The New Nigeria People’s Party on Tuesday wrote the Chief Justice of Nigeria, Olukayode Ariwoola, over the appointment of transition committees by the All Progressives Congress-led government in the 18 local governments and 33 council development areas of Ondo State.

The opposition lamented that the move was a gross violation of the recent judgment of the Supreme Court affirming the right of local governments to receive monthly allocations directly from the federation account.

The party also stressed the appointment rubbished the June 20 ruling of Justice A.O Adebusuoye of the Ondo High Court in line with the Local Government Creation Law (2023).

The NNPP’s petition was in reaction to the letter from the Attorney General of Ondo State and Commissioner for Justice, Dr Olukayode Ajulo, clarifying the position of the state on the engagement of transition committees. 

In the letter dated July 11, sighted by our correspondent, Ajulo emphasised that the appointment was a lawful exercise of Governor Lucky Aiyedatiwa’s constitutional powers.

He said, “The committees are intended to ensure seamless transition and continuity of government business in the affected areas.

“The judgment of Hon Justice A.O Adebusuoye on 20th June 2024, only declared the Local Government Creation Law 2023 unconstitutional, but did not invalidate the executive and administrative powers of Ondo State governor to take steps that will ensure effective and good governance of any part of the State. 

“The legality of the LCDAs is currently the subject of ongoing legal proceedings, which are presently under appeal. The court has taken notice of this appeal.

“Therefore, the Governor’s appointment of Transition Committees is not in contempt of the court’s judgment, but rather a prudent action to ensure that the business of government continues uninterrupted in the affected areas.”

However, the NNPP disagreed with his position.

In the petition jointly signed by Ondo NNPP Chairman, Peter Olagookun and the state Secretary, Adekunle Oluwayomi, on Tuesday, the party described the appointments as a ‘gross misconduct and flagrant disobedience of court judgements.’

The opposition party also demanded that Ajulo be stripped of his Senior Advocate of Nigeria title over his action. 

The letter partly read, “We are constrained to bring to your attention the report of gross misconduct and flagrant disobedience of court judgement against Dr. Kayode Ajulo, the Attorney-General and the Commissioner of Justice of Ondo State, bordering on the ignoble role he played in the matter.

“In flagrant disobedience to the validly given judgement of the Ondo State High Court given on 20/06/2024 and in an attempt to over-reach the judgment of the Supreme Court delivered on 11/07/2024, the governor of Ondo State announced the constitution of caretaker committees for the 33 LCDAs and the 18 LGAs and under the cover of the night, surreptitiously swore them in, in flagrant disobedience to these subsisting orders of Court. 

“This act of Dr Kayode Ajulo has been widely criticised by the people of Ondo State and there have been calls for him to resign his position as the Attorney-General and the chief Law officer of the state. Attached herewith is a press statement by the Peoples Democratic Party, condemning the act of Dr. Ajulo and marked Annexure II.

“This act is to say the least unbecoming of the person occupying the exalted position of the office of the Attorney-General and the chief law officer of a state, and also a member of the inner bar. It is therefore reasonable to say that his membership of the inner bar and position as a Senior Advocate of Nigeria is unmeritted and therefore should be withdrawn. We are aware of the fact that persons found not to be worthy of holding the position of SAN have had such position stripped off them by this August office.”

The PUNCH reported that the apex court granted full autonomy to the 774 local governments in the country as stipulated in the 1999 Constitution (amended). 

The seven-man panel in a unanimous decision agreed that it is illegal and unconstitutional for governors to continue to receive or retain funds allocated to the local governments. 

The court further declared that a state government has no power to elect caretaker committee and a local government council is only recognizable with a democratically elected government.