The House of Assembly of Ondo State has applied to the Supreme Court to be joined in the case filed by the federal government on local government autonomy. In an application filed at the Supreme Court registry on Tuesday June 11, 2024, the Speaker of Ondo State House of Assembly, Hon Olamide Oladiji and the House of Assembly of Ondo State applied to be joined as 37th and 38th Defendants in the suit. The application was filed by Senior Advocate of Nigeria, Ebun-Olu Adegboruwa. It will be recalled that the Attorney-General of the Federation filed the suit on May 20, 2024 on behalf of the federal government against all the 36 States of the federation.
In the application for joinder, Ondo State House of Assembly is seeking an order granting leave to the Applicants, Ondo State House of Assembly and Speaker, Ondo State House of Assembly, to apply to be joined as Co-Defendants in the suit, an order joining the Applicants, Ondo State House of Assembly and Speaker, Ondo State House of Assembly, as Co-Defendants in this suit, an order directing the Plaintiff to amend its originating processes filed in this suit to reflect the joinder of the Applicants, Ondo State House of Assembly and Speaker, Ondo State House of Assembly.
In the affidavit in support of the application, it was stated that the Applicants being the legislative arm of the Ondo State Government are creations of the Constitution of the Federal Republic of Nigeria, responsible for making laws for the order and good governance in Ondo State and that the Applicants are constitutionally saddled, particularly under Section 4 (7), 7 and 162 of the 1999 Constitution with the responsibility to make laws in respect of the issues and subject matter of the instant suit as pertaining to Ondo State. It was also averred that there are already existing laws duly made by the Applicants in respect of the issues canvassed in this suit as constituted, such as the Local Government System, Establishment and Administration of Local Government Law of Ondo State, Cap. 87, Laws of Ondo State, 2006 and the Ondo State (Creation of Local Governments) Law, 2023 and that the Applicants are seeking to join the suit as necessary parties in view of the peculiar reliefs being sought and as pertaining to the constitutional rights and functions of the Applicants. It was stated that the issues being canvassed and the reliefs being sought in this case if granted, would directly affect the constitutional functions and activities of the Applicants, that the Applicants deserve to be involved and heard in the way and manner that is just and fair, that the Constitution of the Federal Republic of Nigeria specifically mandates the Applicants to make provisions for statutory allocation and distribution of public revenue to local government councils within Ondo State, that the reliefs being sought in this case if granted would impede and oust the constitutional powers, rights and duties of the Applicants without being heard, that the reliefs being sought in the instant case are attempts to urge this Honourable Court to make laws to replace those already made in the Constitution, that the issues and reliefs being sought in the instant case if granted would interfere with and undermine the constitutional rights and functions of the Applicant, that joining the Applicants would enable an effective and effectual determination of the fundamental issues being raised in this case and that the Applicants are necessary parties who would be directly affected and bound by outcome of the suit.
The application has been served on the Attorney-General of the Federation while the suit is coming up at the Supreme Court on June 14, 2024.
To subscribe to Primsol, go to store.lawpavilion.com.
For further enquiries/assistance, send an email to customercare@lawpavilion.com or call 08050298729
Call Bridget Edokwe Esq on 08060798767 or send your email to barristerngblog@gmail.com
The cost of the book is Seven Thousand Naira (N7,000) only. Call 08037667945 OR 08028636615 ; or Email:princetonedu2012@yahoo.com; bookpublishing2017@gmail.com; princetonpub.com to get your copy.
Author: Prof Theodore Okonkwo, Ph.D: CALL: 08065159968; 08068771923: PRICES: N100,000 (SPECIAL EDITION), N60,000.00 (UNIVERSAL EDITION)
Digital Evidence and eDiscovery Law Practice in Nigeria -By Emeka Arinze Esq. [ORDER NOW] – For book cost & placing order, visit www.decfi.com.ng/order
Get ‘Personal Property Law in Nigeria’ By Chief Mike A.A. Ozekhome, SAN (FREE)
Click below to download FREE
BESTSELLER: Commercial and Economic Law in Nigeria By Chief Mike Ozekhome, SAN [ORDER NOW]