By Peter Dansu A fresh legal challenge has emerged over the constitutionality of elections into Local Council Development Areas (LCDAs) in ...
By Peter Dansu
A fresh legal challenge has emerged over the constitutionality of elections into Local Council Development Areas (LCDAs) in Lagos State, as a Lagos-based legal practitioner and the candidate of the Peoples Democratic Party in Badagry Local Government, Medemaku Abayomi Noah, has filed a lawsuit at the High Court of Lagos State, Badagry Judicial Division, seeking to stop what he describes as an unconstitutional and wasteful exercise.
Medemaku in Suit No: Yet-to-be-assigned, filed through Noble Anchor Solicitors, the claimant is suing the Lagos State Government, Attorney-General of Lagos State, Lagos State House of Assembly, Lagos State Independent Electoral Commission (LASIEC), Hon. Babatunde Hunpe, and the All Progressives Congress (APC) over plans to conduct elections into the state’s 37 LCDAs alongside its 20 constitutionally recognized Local Government Areas (LGAs).
At the heart of the matter is the claim that LCDAs, while operational within Lagos, are not recognized by the 1999 Constitution of the Federal Republic of Nigeria (as amended) and thus have no legal basis for democratic elections.
Core Legal Questions
Medemaku, in his Originating Summons, is asking the court to determine seven constitutional questions, including:
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Whether LASIEC can validly conduct elections in the 37 LCDAs which are not recognized by the Constitution;
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Whether such elections amount to misappropriation of public funds;
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Whether a candidate (in this case, Hon. Babatunde Hunpe) who emerged from a primary election for a non-existent “Badagry Central Local Government” can validly contest for a council chairmanship seat;
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And whether the APC acted lawfully in sponsoring such a candidate.
The suit cites Sections 3(6), 7(1), and 8, as well as Part I of the First Schedule of the Nigerian Constitution, arguing that the only legitimate LGAs in Lagos State are the 20 constitutionally listed ones, with no mention of LCDAs.
Supreme Court Judgments Backed
Medemaku relies heavily on recent landmark Supreme Court decisions, including AG Federation v. AG Abia & Ors (2024) LPELR-62576(SC) and AG Lagos v. AG Federation, where the apex court reaffirmed the status of Local Governments as constitutionally protected third-tier governments. According to the claimant, the rulings leave no room for conducting elections into “administrative creations” like LCDAs.
“The attempt by the Lagos State Government and LASIEC to proceed with elections into LCDAs is not only unconstitutional but also amounts to reckless expenditure of taxpayers’ funds,” the claimant argues.
Reliefs Sought
Among the seven major reliefs sought, the claimant is asking the court for:
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A declaration that LASIEC cannot conduct elections into LCDAs;
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A perpetual injunction restraining the Lagos State Government and LASIEC from organizing such elections;
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A nullification of the APC’s primary election in “Badagry Central LCDA,” which the claimant says does not exist in law;
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And a declaration that Hon. Babatunde Hunpe’s candidacy for Badagry LGA is invalid, as no proper primary was conducted in line with constitutional provisions.
The suit also questions the validity of the APC's nomination process, suggesting that the party’s internal election was held in a phantom local government, rendering any resulting nomination legally defective.
Implications for July 2025 Local Elections
The legal fireworks come just weeks ahead of the July 12, 2025, local government elections in Lagos. If the court grants the injunctions requested, the planned elections into LCDAs could be halted altogether, setting off a political and legal domino effect across the state.
The case is expected to test the limits of state legislative autonomy in creating and administering local councils outside of those listed in the Constitution, a long-running issue in Nigeria's federal structure.
Legal observers say the suit may become a benchmark for future interpretations of local governance in Nigeria, especially as several states, not just Lagos, operate LCDAs or their equivalents.
For now, all eyes are on the High Court in Badagry as it prepares to weigh constitutional fidelity against political pragmatism in a case that could redefine local elections in Lagos State.
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