Law News
Judge defers to A’Court in Lagos LG suit

Justice Abdulfatal Lawal of a Lagos State High Court in Igbosere, who ordered the state last year to immediately conduct elections in all its 57 Local Government Areas, has washed off his hands from further proceedings in the case.

The judge, who earlier fixed Monday (yesterday) to hear an application by Lagos State to stay the execution of the judgment, told parties on Monday that he could no longer entertain the suit as its records had gone to the Court of Appeal.

When the matter came up in court on Monday, the state, through the office of its Attorney General and Commissioner for Justice, Mr. Adeniji Kazeem, had informed the court that the court records had been transmitted to the Court of Appeal.

It argued that the lower court had in the circumstance become functus officious pursuant to Order 4 Rule 10 and 11 of the Court of Appeal Rules 2011.

Agreeing with the argument, Justice Lawal directed the parties to proceed to the Court of Appeal for further direction on the case.

Lawal had on October 23, 2015, ruled that the practice of administering the affairs of local government councils in Lagos State by caretaker committees violated sections 1(2) and 7 of the 1999 Constitution.

He had ordered the Independent National Electoral Commission to supply the Lagos State Independent Electoral Commission with materials to conduct LGA elections within 30 days of the judgment.

The case was filed against the Lagos State Government by National Conscience Party, through its lawyer, Ebun-Olu Adegboruwa.

But Lagos State had expressed dissatisfaction with the judgment and approached the appellate court to set it aside.

Among other things, the state and LAISEC had contended that they could not conduct LGA elections in Lagos State unless they were supplied with voters register.

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