PDP wants court to stop Fayemi from creating 18 LCDAs

 Governor Kayode Fayemi
The Peoples Democratic Party wants an Ekiti State High Court to stop the incumbent governor, whose tenure elapses in October, from creating new local council development areas the state.

The government plans to create 18 additional Local Council Development Areas (LCDAs) in the state.

But the PDP in a suit number HAD/75/2014 filed at the High Court of Justice, Ado-Ekiti Judicial Division on Tuesday described the planned action by Governor Kayode Fayemi as illegal and unconstitutional and a flagrant violation of the provisions of the 1999 Constitution.

Also 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 deposed to by the state chairman of the party, Mr Makanjuola Ogundipe, on behalf of the party, the party is asking the court declare that it is an exercise in futility for the governor to create new local governments or LCDAs at the twilight of his tenure, being a process that cannot be completed before the expiration of his tenure.

The party alleges that the planned exercise is meant to cause confusion for the incoming government.

The PDP also want an order of the court that any local government or LCDAs created by Fayemi in contravention of the 1999 Constitution as amended is null, void of no effect.

It is also seeking an order of perpetual injunction restraining the defendants from embarking on further process towards the creation of additional councils.

The party also sought a perpetual injunction restraining the Ekiti State House of Assembly, from receiving and or considering any process forwarded to it by the Governor.

Other matters table before the court by PDP include determining whether Governor Fayemi can validly create local governments or LCDAs in contravention of Section (3) of the 1999 Constitution.

The party also wants the court to establish 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;

and whether Fayemi has the power to exhibit such power without recourse to the National Assembly.

No date has been fixed for the hearing of the suit.