NWEZE JSC (Delivering the Lead Judgment): On 25 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:
- 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;
- 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 disso…