The People Democratic Party PDP in Ekiti State has dragged the State Government to court over its plan to create 18 local council  development areas , in addition to the existing 16 local governments in the State

The PDP State Chairman , Makojuola ogundipe in the suit, HAD/75/2014, filed at the Ado-Ekiti High  Court on July 1, described Governor Kayode Fayemi’s action as illegal, unconstitutional and a flagrant violation of the provisions of the 1999 Constitution.

The PDP, in the suit, joined Governor Fayemi (1st defendant), Attorney General and Commissioner for Justice, Wale Fapohunda (2nd defendant) and the Ekiti State House of Assembly (3rd defendant).

The party is praying the court for “a declaration that it is an exercise in futility for the 1st 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; and 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 PDP is also seeking a perpetual injunction restraining the defendants from embarking on further process towards the creation of additional council and another restraining the 3rd defendant, Ekiti State House of Assembly, from receiving and or considering any process forwarded to it by the governor.

The issues set for determination by the PDP included: “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; and “Whether Governor Fayemi has the power to exhibit such power without recourse to the National Assembly.”

The court, however, has not fixed nor communicated to the parties involved the date for commencement of hearing of the case. A White Paper released by the state government last week after receipt of the report of the Justice Akin Ajakaye-led Council Creation Committee had proposed creation of 18 LCDAs based on the expected outcome of a referendum by the State Independent Electoral Commission and ratification of the state House of Assembly.