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The Peoples Democratic Party, Ekiti State, has threatened to sue the Ekiti State House of Assembly for contempt if it took further steps on the bill seeking creation of the new 18 Local Council Development Authorities.
The party gave the warning in a July 8 letter by its Legal Adviser, Mr. Kolapo Kolade, to the Speaker, Adewale Omirin, in Ado Ekiti on Wednesday.
He recalled that the party had gone to court to challenge the bid to create the LCDAs by the Governor, Dr. Kayode Fayemi.
Kolade warned that it will be contemptuous for the Assembly to pass the bill when there was a pending suit in Court.
Citing Cap 8, Section 54(5) of the standing order of the Assembly, the party quoted that “No matter, pending in Court of Law shall be entertained by the House in order not to prejudice the decision of the court in respect of the matter.”
“Similarly, it is in law that when an application for injunction is pending in Court, none of the parties should take step regarding the issue raised therein.
“We therefore wish that you will be advised accordingly as we are aware that the issue of the creation of LCDAs which is the subject matter of the suit under reference is said to have passed the First Reading in the House on 7th July, 2014 despite the pendency of the suit and the fact that you have adequate notice of same.
“Needless to remind you therefore sir, that further deliberations on this matter for reasons given above is a nullity and an exercise in futility,” the party concluded.
In the suit number HAD/75/2014 filed at the Ado Ekiti Judicial Division on July 1, 2014, the PDP described the plan as “illegal and unconstitutional” and “a flagrant violation of the provisions of the 1999 constitution.”
Joined as first to third defendants are Fayemi, Attorney General and Commissioner for Justice, Mr. Wale Fapohunda, and the Ekiti State House of Assembly.
The plaintiffs sought a perpetual injunction restraining the defendants from embarking on further process towards the creation of additional Council.
It also sought a perpetual injunction restraining the House from receiving and or considering any process forwarded to it by the Governor.
