-Tackles Ondo Attorney General’s Position
-Insists transition committees remain illegal, threatens court action
By Miracle Ogunde
A Constitutional Lawyer and Human Rights Activist, Temitope Temokun, has written to the governor of Ondo State, Honourable Lucky Aiyedatiwa, to halt the inauguration of local government transition committees, describing it as unconstitutional.
In a letter addressed to the governor and made available to Starnews NG with Ref number: TTC/P/ODSG 29/2024 on 12th July, 2024, the activist said the move by the governor contradicts section 162 of the 1999 Constitution that created the State Local Government government Joint Account.
“I write to your Excellency this morning, firstly, as a citizen of Ondo State from Ode-Aye, Okitipupa Local Government Area of Ondo State and stakeholder in Ondo State success project and secondly, as a Lawyer and a lover of rule of law and constitutional democracy.
“In view of the decision of apex Court on Thursday the 11th of July 2024 in SC/CV/343/2024, which declared unelected caretaker or any administering committee under whatever guise in our local councils unlawful and unconstitutional and which further ordered that allocations from the federation account should be paid directly into individual local government accounts, which by implication has nullified section 162 of the 1999 Constitution that created the State Local Government Joint Account, I want to implore your Excellency, in the overall best interest of our dear state, that the planned inauguration of the transition committees appointed by the His Excellency to oversee the affairs of our local governments in Ondo State till further notice in view of ODIEC’s indefinite postponement of our local government elections be cancelled.
“The good reason for the above entreaty is that these transition committees so far as their mandate or their job role is to oversee the affairs of the local councils, they form part of the unconstitutional contraptions euphemistically called caretaker or administering committees which the apex court has declared unlawful and unconstitutional and ODIEC be directed with immediate effect to put machinery in place to conduct local government elections to fill in the 18 local councils in the state with democratically elected governments within a reasonable and definite deadline.
“According to the Revenue Mobilisation Allocation and Fiscal Commission under the Presidency, 20.60% of the country’s monthly revenue goes to local governments in the country from the Federal Government while just a meager per cent higher of 26.72% goes to the states, through the Federation Account Allocation Committee and since only democratically-elected local government councils will be eligible to receive from this 20.60% of the country’s monthly revenue from the federation account, one far reaching implication of inaugurating these so-called transition committees over our local councils today or on any other day in Ondo State, apart from having the unsavory meaning of constituting disobedience to the order and strong admonition of the apex court to the state governors to desist from putting the local councils in the hands of unelected governments, it has the capacity of denying our 18 local governments of our share from the 20.60% of the country’s monthly revenue which goes to local governments from the Federal Government allocations which will mean in essence further self-afflicted pauperization of the citizenry, which I know Your Excellency will not want.
“This landmark decision has pulled down the longstanding veil of denial by state governments of progressive growth and development at the grassroots through financial starvation of the local governments and in the interest of the State, we must summon the courage to accept this reality as the last truth and the transition committees appointed by His Excellency should be officially dissolved today and those interested to join the affairs of the local government should be encouraged to go and warm up for the soon to be conducted election in order to test their acceptability, popularity and credibility at the polls.
“Your Excellency, we must be courageous enough to let political correctness die at this time, so that Ondo State can live, as this today remains the only path of progress we can toe today in Ondo State.
“Your Excellency, after this patriotic entreaty for the good of our state, if Your Excellency still consider the planned inauguration non-negotiable and proceed with it, then for the good of our dear state, I shall proceed to court without delay to seek nullification of the inauguration and immediate election into our local councils,” the letter read.
Similarly, Temokun shared a copy of the letter addressed to the State Attorney General, advising him to use his office to guide the governor against the proposed inauguration of the transition committees in local government areas across the state.
The letter reads,
“I want to implore you sir to advise His Excellency, as the Chief legal adviser of this government, in the overall best interest of our dear state, that the planned inauguration of the transition committees appointed by His Excellency to oversee the affairs of our local governments in Ondo State till further notice in view of ODIEC’s indefinite postponement of our local government elections be cancelled.
“These transition committees so far as their mandate or their job role is to oversee the affairs of the local councils, they form part of the unconstitutional contraptions euphemistically called caretaker or administering committees which the apex court has declared unlawful and unconstitutional.
“The ODIEC should be directed with immediate effect to put machinery in place to conduct local government elections to fill in the 18 local councils in the state with democratically elected governments within a reasonable and definite deadline.
“We must summon the courage to accept this reality as the last truth and the transition committees appointed by His Excellency should be officially dissolved today and those interested to join the affairs of the local government should be encouraged to go and warm up for the soon to be conducted election by ODIEC in order to test their acceptability, popularity and credibility at the polls.
“Sir, we must be courageous enough to let political correctness die at this time, so that Ondo State can live, as this today remains the only path of progress we can toe today in Ondo State.”
Meanwhile, Starnews reports that the Ondo State Attorney General and Commissioner of Justice, Olukayode Ajulo, had issued a statement on Thursday, clarifying the position of the law on the appointment of transition committees.
According to Ajulo, the appointment of Transition Committees is a lawful exercise of the Governor’s constitutional powers, saying the Committees are intended to ensure seamless transition and continuity of government business in the affected areas.
The Attorney General was, however, silent on the recent Supreme Court Judgment, while tackling the People Democratic Party (PDP) in the State for accussing the Ondo State Governor, Hon Lucky Aiyedatiwa of disrespecting the Ondo State High Court judgement which nullified the creation of 33 Local Council Development Areas in the State.
Responding to the PDP’s allegations, Ajulo had said that the judgment of Hon Justice A.O Adebusuoye of the State High Court on 20th June, 2024, only declared the Local Government Creation Law 2023 unconstitutional, but did not invalidate the executive and administrative powers of the Governor of Ondo State to take steps that will ensure effective and good governance of any part of the State.
But Tope Temokun insisted that the recent Supreme Court judgement had stripped the power of any state governor from constituting Transition Committee to oversee the affairs of local government administration.
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