Published On: Sat, Jan 19th, 2013

DPP Local Govt Chairman Aspirant Drags Uduaghan , Others to Court over LG Caretaker Committee

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Apparently worried by the inauguration of Local Government Transition Committees in Delta State, Barr. Robert Omote, a Chairmanship aspirant in Ethiope East LGA under the platform of the Democratic People’s Party (DPP), has dragged the Governor of Delta State, Dr. Emmanuel Eweta Uduaghan to the High Court, Holden at Isiokolo, Headquarter, Ethiope East LGA to seek redress.
The Delta State House of Assembly and the Attorney General/Commissioner for Justice, Delta State was sued along the governor as co-defendants in Suit No: HCI/M/1/2013.
Barr. Omote wants the court to grant the following prayers

i. A declaration that the inauguration of the transition committee by the Governor of Delta State, 1st Defendant, on 12th November, 2012 or at anytime to administer and/or manage the affairs of the 25 LG Councils in Delta State, offends section 7(1) of the 1999 Constitution of the Federal Republic of Nigeria as amended and is therefore unconstitutional, null, void and of no effect.

ii. A declaration that by virtue of Section 7(1) of the 1999 Constitution of the Federal Republic of Nigeria as amended and Section 4 of the Delta State Local Government Law, 2004 as amended, it ultra vires the powers of the 1st and 2nd Defendants to handpick, nominate, present, appoint, inaugurate or approve the handpicking, nomination, presentation, appointment or inauguration of unelected persons as caretaker committees or any committee by whatever name called to run, manage or administer any of the 25 Local Government Council Areas of Delta State.

iii. A declaration that the administration of the 25 Local Government Council Areas of Delta State by unelected persons handpicked, nominated, appointed and/or inaugurated by the 1st Defendant acting in concert with the 2nd Defendant since 12th November, 2012 is unconstitutional, null, void and of no effect.

iv. An order of this Honourable Court setting aside the purported inauguration by the 1st Defendant of caretaker committees for the 25 Local Government Council Areas in Delta State on 12th November, 2012 or any committee by whatever name called to run, manage or administer any of the said local government councils as same contravenes the provision of Section 7(1) of the 1999 Constitution of the Federal Republic of Nigeria as amended.

v. An order of court compelling the 1st and 2nd Defendants to constitute the Delta State Independent Electoral Commission (DSIEC), which Commission should conduct credible election into the 25 Local Government Councils of Delta state immediately.

vi. An order of injunction restraining the persons handpicked, nominated, appointed and/or inaugurated by the 1st Defendant on the 12th November, 2012 or any unelected persons from the administration, management and/or conduct of the affairs of the 25 Local Government Councils of Delta State and they not being elected as required by Section 7(1) of the 1999 Constitution of the Federal Republic of Nigeria as amended and Section 4 of the Delta State Local Government Law, 2004 as amended.

Noting that it would be in the paramount interest of justice and Delta State people to grant him the reliefs as set out in the originating summons, Omote posited that it is only orders of the Honourable Court that can stop the Defendants, particularly the 1st and 2nd Defendants from continuing to give effect to the continued presentation of the unelected persons handpicked, appointed and inaugurated by the 1st Defendant as administrators of the 25 local government councils in Delta State.
Source: urhobotimes

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