Ondo LG Election Petition Tribunal: AG, Lawyer Trade Words

By Ayodele Oni

Ondo State Attorney General & Commissioner for Justice, Olukayode Ajulo SAN, and an Akure based lawyer, Adebayo Solagbade, are engaged in war of words over the setting up of a Tribunal to handle petitions arising from the Local Government Election due to hold on Saturday.

The lawyer had faulted the constitution of the Tribunal by the State Chief Judge and called for its disbandment.

Solagbade submitted that “I have noticed that out of the six appointees, two are practicing lawyers (members of the Nigerian Bar Association and not the judiciary) and of the four remaining, two are below the prescribed rank of “Chief Magistrate”, based on their details published in the 2024 diary printed and distributed by the Ondo State Judiciary. Furthermore, the High Court Judge who would head the Tribunal as Chairman has also been omitted.

“I submit humbly, on the premise of the statutory provisions cited, that the Tribunal is illegal, having been constituted in a manner fundamentally different from the mandatory prescriptions of the Law.

“Regrettably, it appears that my lord the Honorable Chief Judge and His Excellency the Governor were not properly advised as to the statutory requirements of constituting the Tribunal.

“I hereby call on my lord the Honorable Chief Judge and His Excellency the Governor to dissolve and reconstitute the Tribunal, in order to avoid a constitutional crisis.

“Section 88 (4) of the Local Government System, Establishment and Administration of Local Government Councils of Ondo State, Cap 87, Volume 2, Laws of Ondo State, 2006 empowers the Governor (acting in consultation with the Chief Judge of the State) to appoint the Chairman and other members of the Electoral Tribunal.

“However, Section 88 (3) prescribes the qualifications of such appointees:

“The Chairman shall be a Judge of a High Court and other members shall be appointed from among the members of the judiciary not below the rank of a Chief Magistrate”

In his response, the Attorney General insostrf that “The essence of true advocacy lies in the diligent research and continuous self-improvement of a dedicated lawyer.

“Rushing into rooftop advocacy without this vital foundation risks the perilous trap of citing obsolete laws—a mistake that can haunt even the most passionate legal practitioners.

“Upon my appointment as Attorney General by His Excellency, Dr Lucky Aiyedatiwa, we recognized the urgent need to confront the myriad of outdated statutes plaguing Ondo State. Among these was the Local Government System, Establishment and Administration of Local Government Councils of Ondo State, Cap 87, Volume 2, Laws of Ondo State, 2006.

“It is imperative to underscore that two significant issues, among others, were duly addressed and reviewed. Firstly, with respect to the appointment of the Tribunal, the prior legislation mandated that the Governor appoint the Tribunal panel of three, based on the Chief Judge’s recommendation.

“Such an arrangement seemingly compromised the independence of both the Tribunal and the judiciary. Consequently, the law has been amended to confer upon the Chief Judge the exclusive authority to appoint the Tribunal Panel.

“Secondly, the matter of the Tribunal composition was considered. Under the former statute, a High Court judge presided as the Chairman of the Local Government Election Tribunal.

“In light of the fact that appeals from the Tribunal’s decisions are directed to the Election Appeal Tribunal, which is similarly constituted by High Court judges, it is both reasonable and justifiable to assert that judges of co-ordinate authority and jurisdiction ought not to adjudicate upon each other’s decisions, hence the dire need to align the legislation with acceptable global standards and best practices.

“I reflect with great pride, on our progress in amending this legislation, achieved through the powerful synergy between the Executive led by His Excellency, Dr Lucky Aiyedatiwa and the Legislature under the leadership of the Honorable Speaker, Rt Hon. Olamide Oladiji

“Let this serve as a reminder: a lawyer who embraces ongoing education and updates their knowledge is a beacon of integrity and competence in the legal arena.”