BARELY two hours after an Akure High Court declared that the December 15, 2007 council election that produced political officers in the 18 local council areas of Ondo State was illegal, caretaker committees were sworn in by Governor Olusegun Mimiko yesterday.

But in a swift reaction, the State House of Assembly, which said it was the only institution recognised by law to confirm the appointments of holders of political positions at the council level, declared the swearing-in as illegal.

At a media briefing yesterday afternoon, the Speaker, Taofik Olawale Abdusalaam, who was flanked by all the principal officers of the legislature, ordered the State Police Commissioner to effect the arrest of anybody "who may want to take over the running of council administrations and charge them for trespassing."

The Speaker said that Section 12 (2) of the Ondo State Local Government Law empowered only the Assembly to confirm those to administer the third tier of government and that "the path of law was not trodden in this matter of utmost public importance."

The Peoples Democratic Party (PDP) in the state also described the action as "most unfortunate and an example of the fact that this state has unfortunately gone to the backwardness of lawlessness."

In a statement by its Publicity Secretary, Adeyemi Adedipe, the PDP quoted the law copiously, especially the section that stipulated that "only the Ondo State House of Assembly supported by two-thirds majority can appoint caretaker committees to oversee the affairs of the said local government for a period not more than three months or for such a longer period as the House may determine."

Delivering his judgment yesterday, Justice Nelson Adeyanju held that the purported December 15, 2007 council polls were conducted contrary to Section 31 of the Electoral Act, 2006 which stipulated 150 days of notification to all political parties concerned.

According to him, it was rather unfortunate that the Ondo State Independent Electoral Commission (ODIEC) saddled with the responsibility did not give the 150 days notification required by law to all parties concerned before it went ahead to conduct the election.

His words: "I hold that the election was illegally and unconstitutionally conducted. It is null and void, since you cannot put something on nothing. The plaintiffs suit is hereby dismissed accordingly.

"I also hold that plaintiffs are restrained from conducting and parading themselves in whatever manner as the council chairmen of all the 18 local government area of the state."

Mimiko had on March 4, 2009 dissolved the executive and legislative arms of all the 18 local government councils in the state, saying that the dissolution of the councils was the result of the impending litigation restraining the former administration of Dr. Olusegun Agagu from conducting the local council elections, held on December 15, 2007.

However, the 18 council chairmen acting on an "order" from Abuja forcefully entered into their secretariats accompanied with fully armed policemen who mounted security.

But parties then went to court to seek redress.