The Nigerian Bar Association Section on Public Interest and Development Law (NBA-SPIDEL) has berated the embattled Governor of Ondo State over appointment of caretaker appointees for the state Local Government Area administration.

In a statement made available to CITY LAWYER, NBA-SPIDEL noted that by virtue of section 287(1) of the constitution which provides that “the decisions of the Supreme Court shall be enforced in all parts of the Federation by all authorities and persons, and by courts with subordinate jurisdiction to that of the Supreme Court,” adding that “that Your Excellency as a Governor, a lawyer and a past President of the Nigerian Bar Association is under compulsion to uphold, defend, respect and enforce the spirit of the law as doggedly espoused by the Supreme Court in the above mentioned cases in Ondo State under your watch.”

The lawyers’ group stated that “The Supreme Court of Nigeria has in plethora of cases long decided and it is now trite law that local governments in Nigeria can only be managed/governed by democratically elected persons. The Supreme Court has long declared as unconstitutional the contraptions called Caretaker Committees or Interim Committees at the Local Government in States..”

The statement reads.

Arakurin Oluwarotimi Akeredolu, SAN,
The Governor of Ondo State,
Governor’s Office,
Akure, Ondo State.

Your Excellency Sir,

PURPORTED APPOINTMENT OF 51 PERSONS AS CHAIRMEN AND VICE CHAIRMEN OF CARETAKER COMMITTEES OF LOCAL GOVERNMENT COUNCILS IN ONDO STATE; AN UNCONSTITUTIONAL ACT WHICH HAS BEEN DEPRECATED BY THE SUPREME COURT IN MULTIPLE DECIDED CASES

The Nigerian Bar Association Section on Public Interest and Development Law (NBA-SPIDEL) is one of the Sections of the NBA that is mainly devoted towards protecting public interest and entrenching rule of law in the conduct and activities of government officials.

The attention of the leadership of NBA-SPIDEL was drawn to a viral publication indicating that your respected self, as the Governor of Ondo State, nominated the names of 51 persons and presented them before the Ondo State House of Assembly, for approval as Chairmen and Vice Chairmen of Local Government Councils in Ondo State. We understand that the Ondo State House of Assembly has since approved all the said 51 names for appointment as Chairmen and Vice Chairmen of Caretaker Committees of Local Governments Councils in the State.

Your Excellency sir, it is instructive to state that section 7(1) of the Constitution, CFRN, 1999 provides that

“The system of local government by democratically elected local government councils is under this Constitution guaranteed, and accordingly, the Government of every State shall subject to section 8 of this Constitution, ensure their existence under a Law which provides for the establishment, structure, composition, finance and functions of such councils”

The Supreme Court of Nigeria has in plethora of cases long decided and it is now trite law that local governments in Nigeria can only be managed/governed by democratically elected persons. The Supreme Court has long declared as unconstitutional the contraptions called Caretaker Committees or Interim Committees at the Local Government in States. We humbly refer Your Excellency to the following Supreme Court cases, for guidance:

1. Eze v. Gov., Abia State (2013) All FWLR (Pt. 791) pg. 1399 @1416, paras B-C, ratio 3.
2. Gov. Ekiti State vs. Olubunmo (2017) All FWLR (Pt. 873) page 1592
3. A.G. Plateau State v. Goyei (2007) 16 NWLR (Pt. 1059 page 57 @ 94 paras A-B.
4. A.G. Benue State vs. Umar (2008) 1 NWLR (Pt. 1068) pg. 311 @ 363B-F.

Your Excellency sir, we trust that as a respectable Senior Advocate of Nigeria, a much-liked past President of the Nigerian Bar Association, whose motto is “Promoting The Rule of Law” and who at your assumption of office swore to the oath of office to “discharge your duties to the best of your ability, faithfully and in accordance with the constitution of the Federal Republic of Nigeria and the law……that you will not allow your personal interest to influence your official conduct or official decisions; and that you will to the best of your ability preserve, protect and defend the constitution of the Federal Republic of Nigeria…..that you will do right to all manner of people, according to law, without fear or favour, affection or ill-will”, that it is incumbent upon you, sir, to uphold the sacred provisions of the Constitution of the Federal Republic of Nigeria and respect for the decisions of the Supreme Court of Nigeria.

NBA-SPIDEL is of the humble opinion that by virtue of section 287(1) of the constitution which provides that “the decisions of the Supreme Court shall be enforced in all parts of the Federation by all authorities and persons, and by courts with subordinate jurisdiction to that of the Supreme Court” that Your Excellency as a Governor, a lawyer and a past President of the Nigerian Bar Association is under compulsion to uphold, defend, respect and enforce the spirit of the law as doggedly espoused by the Supreme Court in the above mentioned cases in Ondo State under your watch.

We have no doubt that the position of the constitution and the decisions of the Supreme Court on this issue, which are now in rem, are well known to you. As we all know, the provisions of the Rules of Professional Ethics, 2023 requires every lawyer to ensure respect for the law and not to do anything that will undermine the sanctity of the decisions of Courts of law.

Furthermore sir, as a past president of the Nigerian Bar Association, you are a mentor to a large number of lawyers. The Bar looks up to you for guidance not only in words, but also in actions. Your Excellency sir, permit us to refer to your admonition to lawyers made in 2019, at the Law Week of the Ibadan Branch of the Nigerian Bar Association. On that day, you urged members of the Nigerian Bar Association to always be courageous and speak up on time in defence of the rule of law and to all times rise up against all forms of abuses and injustices in the society so that Nigeria would be a better place for all. 

Click here for the full text of the statement.

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