On 25th October 2010, the respondents in this appeal (as plaintiffs) took out their originating summons against the appellants herein (as defendants). They entreated the trial Court for the sub-joined reliefs:
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1.
A declaration that Section 23B(i) and (ii) of the Local Government Administration (Amendment) Law, 2001 is in conflict with Section 7(1) of the Constitution of the Federal Republic of Nigeria, 1999, and thus is null and void, and of no effect whatsoever to the extent that it empowers the Executive Governor of Ekiti State to dissolve the democratically-elected Local Government Councils and replace same with un-elected caretaker committees solely appointed by the Governor;
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2.
A declaration that by virtue of the combined effect of Section 7(1) of the Constitution of the Federal Republic of Nigeria, 1999, and the provisions of Section 5 of the Ekiti State Local Government Administration (Amendment) Law, 2001, the defendants have no power to dissolve the democratically-elected Councils of the sixteen Local Government Councils of Ekiti State of which the plaintiffs are the democratically-elected Chairmen and/or replace the plaintiffs with appointed caretaker committees in breach of the aforesaid constitutional and statutory provisions;
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3.
A declaration that the tenure of the plaintiffs is statutorily set at three years with effect from the date of their election and specifically from 20 December to 19 December 2011;
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4.
An order of perpetual injunction restraining the defendants, servants, agents or privies however called from dissolving, suspending, terminating the operations of the plaintiffs except in accordance with the provisions of Section 7(1) of the Constitution of the Federal Republic of Nigeria, 1999, and other relevant laws;
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5.
An order of perpetual injunction restraining the defendants, servants, agent or privies however called from freezing the bank accounts of the sixteen Local Government Councils in Ekiti State under the Chairmanship of the plaintiffs in all or any of their respective banking and/or financial institutions or interfering in any way or manner with the financial operations and/or affairs of the said sixteen Local Government Councils in Ekiti State under the plaintiffs otherwise than in accordance with relevant constitutional and statutory provisions.
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In addition, they sought judicial responses to the twin posers, namely:
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1.
Whether the provisions of Ekiti State Local Government Administration Law, 1999 (as amended) by Section 23B(I) and (ii) of the Ekiti State Local Government Administration (Amendment) Law, 2001, which empowers the Executive Governor of Ekiti State to dissolve democratically elected Local Government Councils and replace them with un-elected caretaker committee appointed solely by the Governor are in breach of Section 7(1) of the Constitution of the Federal Republic of Nigeria, 1999, and are therefore null, void and of no effect whatsoever?
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2.
Whether in view of the combined effect of Section 7(1) of the Constitution of the Federal Republic of Nigeria, 1999, and the provisions of Sections 5 and 23B(i) and (ii) of Ekiti State Local Government Administration (Amendment) Law, 2001, the defendants have powers to dissolve the democratically-elected Councils of the sixteen Local Government Councils in Ekiti State of which the plaintiffs are democratically-elected Chairmen otherwise than in accordance with relevant constitutional and statutory provisions?
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Without abiding the judicial determination of these issues, the first appellant, the Governor of Ekiti State, by a radio announcement on 29th October 2010, dissolved the Local Government Councils and removed the respondents, who were elected to the said Councils. In their place, caretaker committees were enthroned to oversee the affairs of the said Councils.
This development prompted the respondents application of 1 April 2011, for the amendment of the tenor of reliefs in their originating summons. In particular, they craved for three additional reliefs framed thus:
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1.
A declaration that the unilateral dissolution of the democratically-elected Governments in the sixteen Local Governments of Ekiti State through radio announcement on 29th October 2010, by the first defendant is a violent breach of Section 7 (1) of the Constitution of the Federal Republic of Nigeria, 1999, and therefore is illegal, unconstitutional, undemocratic, null and void and of no effect whatsoever;
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2.
A declaration that the composition, constitution, inauguration and/or setting up of caretaker committees in the sixteen Local Government Councils of Ekiti State in place of the democratically-elected Governments by the first defendant is illegal, unconstitutional, undemocratic, null and void;
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3.
A declaration that the tenure of the plaintiffs is statutorily set up at three years with effect from the date of their election and specifically from 12 December 2008 to 19 December 2011 and the plaintiffs therefore remains the elected Chairmen of their respective Local Government Councils.
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The appellants greeted the said summons with a preliminary objection. Upon hearing arguments on the said objection, the trial Court declined jurisdiction. It accordingly struck out the respondents case.
Dissatisfied with the outcome of the proceedings, they (the respondents in this appeal) approached the Court of Appeal, Ekiti Division (hereinafter simply referred to as the lower Court). In a unanimous judgment of 23 January 2013, the lower Court upturned the trial Courts ruling; invoked Section 15 of its constitutive Act, namely, the Court of Appeal, Act, 2015, and resolved the issues in favour of the respondents.
Sequel to this development, the forensic hostilities between the parties shifted to this Court.
