On 11 July 2016, young lawyers practicing in Nsikak Akai & Associates in Abak, Akwa Ibom State and led by the principal, Mr. Nsikak Akai, filed an action (Kemfon Neke & 1 or v. Governor of Akwa Ibom &1 or. suit no:HA/26/2016) challenging the power of the governor to appoint various persons to administer the local government councils. They contended that the governor acted beyond his powers when he purportedly swore in persons who were not elected by the people to administer the local government councils. They further contended that the House of Assembly acted beyond powers and prejudiced our constitution when it purportedly enacted a law and passed a resolution to enable the governor to make the caretaker appointments.

They canvassed that the current administration has not conducted local government elections since its inception and that the people have been tactically denied the opportunity to freely elect persons of popular choice to govern them. Transitions committees, caretaker governments or whatever coinage being totally alien to our laws and inconsistent with democracy and our constitution. Our constitution guarantees democracy at all levels of our federation.
The 1999 Constitution of FRN states as follows;

section 7. (1) "The system of local government by democratically elected local government councils is under this Constitution guaranteed; and accordingly, the Government of every State shall, subject to section 8 of this Constitution, ensure their existence under a Law which provides for the establishment, structure, composition, finance and functions of such councils."

They prayed the court to declare that the action of His Excellency is a continuous breach of his duty to uphold the constitution which he swore to and that the law of the House of Assembly empowering His Excellency to appoint persons to run our councils is inconsistent with section 7 of the 1999 Constitution and is null and void to that extent of the inconsistency.
The lawyers also prayed the court to order the state to conduct local government elections and to dissolve the illegal committees.
Yesterday, 1st August 2017 after a year since the matter started, Hon. Justice Ezekiel Enang delivered landmark judgment and declared that that it is unlawful and illegal for a governor to appoint committee to administer the local government councils instead of conducting elections. The court reasoned that the law or resolution made by the State House of Assembly empowering the governor to make such appointment is inconsistent with the constitution and as null and void. The court ordered the dissolution of the 31 caretaker committees in the state with immediate effect.
Lawyers commented that the remarkable judgment has permanently solved the problem of governors in the state appointing persons to administer the councils instead of conducting elections. The decision stands as the law until it is overturned on appeal.
The governor before this judgment had recently announced date for local government elections.