Court nullifies Lagos councils’ caretaker committees, directs LASIEC to conduct elections within 30 days

Hon Justice Abdulfatal Lawal of a Lagos High Court, on Friday, declared that the appointment of caretaker committees over the administration of local governments in Lagos State, “is illegal and unconstitutional”.
While giving his verdict, the judge said that no governor is empowered by the constitution to take over the administration of local governments through sole administrators or caretaker committees.
The court held that the system of local government can only be managed by democratically-elected people and if the state House of Assembly should make any law validating sole administrators for local government, such law will be invalid and unconstitutional.
The court held that the Lagos State Local Government Law, which allows for the appointment of caretaker committees, is illegal and unconstitutional.
It held that Section 1(3) of the constitution stipulates that Nigeria should not be run in any manner that is contrary to the constitution.
The court rejected the excuse of the Lagos State Independent Electoral Commission (LASIEC) that it was waiting for voters register from INEC since the same voters register and polling booths were used for the April, 2015 elections.
Consequently, Justice Lawal directed LASIEC to conduct elections in all local governments within 30 days.
The National Conscience Party had instituted the case in January 2014, to challenge the appointment of caretaker committees to run the affairs of local goverments in Lagos State and sought an order of mandamus to direct LASIEC to conduct elections.
The team of lawyers for NCP was led by Mr Ebun-Olu Adegboruwa while Mr Lawal Pedro (SAN), led the team of lawyers for Lagos State.
In his reaction, Adegboruwa said: “I commend the judge for his manifest courage, as this has once again proved that the Nigerian judiciary has been the sustainer of our democracy.
I call upon the Lagos State government to immediately implement the judgement of the court by dismantling all the illegal structures of local government caretaker committees.
“I also call upon all state governments where the local governments are being manned by administrators to conduct elections immediately”.