Lawyer Sues NASS, Lagos Lawmakers Over Creation Of More LGAs

A lawyer, Chief Adegoke Adewale, has instituted a suit before a Lagos Federal High Court, against the National Assembly (NASS) and Lagos State House of Assembly (LAHA), for constitutionalizing the existing Local Council Development Areas (LCDAs) and creating additional Local Government Areas (LGAs) in Lagos State.

Barrister Adegoke, who is also the Jagunmolu of Iseland, Epe, Lagos, his suit marked FHC/L/CS/63/24, is asking the court for the following reliefs: “an order that the National Assembly cause a bill creating additional/new Local Government Areas in Lagos state to be passed”

“An order for an Act of the National Assembly to be passed in accordance with section 8(5) of the constitution of the Federal Republic of Nigeria, 1999 (amended) in order to make consequential provisions with respect to the Names and Headquarters of Local Government Areas provided for in the law of Lagos state of Nigeria official Gazette No. 25 in volume 37 of 6th October, 2004 (as provided in section 3 of the constitution of the Federal Republic of Nigeria, 1999 (as amended) in part 1 of the First Schedule of the constitution”

“An order that the National Assembly alter the provision of part 1 of the first schedule of the constitution of the Federal Republic of Nigeria, 1999 (as amended) to reflect the additional/new Local Government Areas as created by the law of Lagos state of Nigeria official Gazette No. 25 in volume 37 of 6th October, 2004”

“An order that the Lagos State House of Assembly makes adequate returns to each House of the National Assembly after the creation of more Local Government Areas by the law of Lagos state of Nigeria, Official Gazette No. 25, Volume 37 of the 6th October, 2004”

Barrister Adegoke in an affidavit in support of the suit stated that in 2004, the Lagos State House of Assembly did make a Law creating 37 Local Government Areas in addition to the existing 20 Local government areas, Lagos State of Nigeria Official Gazette No. 25, Vol. 37 of 6th October, 2004. Adding that presently, there are 20 Local Government Areas in the State, namely; Agege; Ajeromi-Ifelodun; Alimosho; Amuwo-Odofin; Apapa; Epe; Eti-Osa; Badagry; Ifako-Ijaiye; Ikeja; Ikorodu; Kosofe; Lagos Island; Lagos Mainland; Ibeju/Lekki; Mushin; Ojo; Oshodi-Isolo; Somolu and Surulere.

The lawyer stated that the following additional new Local Government Areas created areas: Agbado Oke-Odo; Agboyi-Ketu; Apapa-Iganmu; Ayobo-ipaja; Badagry West; Bariga, Coker-Aguda; Egbe idimu, 9. Ejigbo, 10. Eredo, 11. EtiOsa East;12 Iba; Ifelodun; Igando-ikotun; Igbogbo-Bayeku; Ijede; Ikorodu North; lkorodu West; ikosi-Ejinrin; Ikosi-Ketu; Ikoyi-Obalende; Imota; Iru- Victoria island; Isolo; Itire-Ikate; Lagos Island West; Lekki; Mosan-Okunola; Odi-Olowo/Ojuwoye; Ojodu; Ojokoro; Olorunda; Onigbongbo; Oriade; Orile-Agege; Oto-Awori and Yaba.

He averred that the new Local Government Areas to be now listed in the Constitution of the Federal Republic of Nigeria, 1999 as amended should read the 37 LCDA listed above, that is: Agbado Oke-Odo; Agboyi-Ketu; Apapa-Iganmu; Ayobo-ipaja; Badagry West; Bariga, Coker-Aguda; Egbe idimu, 9. Ejigbo, 10. Eredo, 11. EtiOsa East;12 Iba; Ifelodun; Igando-ikotun; Igbogbo-Bayeku; Ijede; Ikorodu North; lkorodu West; ikosi-Ejinrin; Ikosi-Ketu; Ikoyi-Obalende; Imota; Iru- Victoria island; Isolo; Itire-Ikate; Lagos Island West; Lekki; Mosan-Okunola; Odi-Olowo/Ojuwoye; Ojodu; Ojokoro; Olorunda; Onigbongbo; Oriade; Orile-Agege; Oto-Awori and Yaba. And the existing 20 local government areas.

He also stated that adjustment suggested to be made in some of the names above are as follows: Apapa-lganmu should read Iganmu Local Government Area; ibeju-Lekki should be splitted to Ibeju LGA and Lekki LGA respectively, and Oshodi-Isolo should also be splitted to read Oshod: LGA and Isolo LGA respectively.

The lawyer also proposed that Lekki LGA should style as “Ise-Lekki” to distinguish it from Lekki Phase 1 which is within Eti Osa.

He averred that since the passage of this law, the Lagos State House of Assembly is yet to make returns to both houses of the National Assembly. Adding that this has slowed down the economic and political development of the Local Government Areas thus established, their Participation in the governance of the State and their finances and ultimately affecting the common interests of the communities in the areas, the traditional! association of the communities and the administrative conveniences.

He averred further that the lack of the passage of a Bill by the National Assembly and consequential amendments in the Constitution is depriving the local
government areas, as well as, the state government of adequate economic, political and financial compensation which should translate to economic and political growth to these areas and the state in general.

He averred that the orders sought are prerogative orders and are discretionary common law remedies which this court mat grant in the exercise of its supervisory jurisdiction and control of governmental duties and powers. And that the Orders of Mandamus issues to bodies corporate requiring them to do some particular things therein specified, which appertain to their office, and is in the nature of a public duty.

The lawyer while urged the court to favourably consider this application and grant the reliefs sought, adds that the affidavit is necessary in support of the application for Judicial review and an order of mandamus to compel these statutory bodies to perform their duties.

Meanwhile, the two respondents are yet to file responses to suit, but Justice Abimbola Awogboro, has fixed April 15, for its hearing.