Undemocratic LG system: Fear grips Anambra monarchs as court hears case on May 22

The Federal High Court, Awka Division, will on May 22, 2024, hear the suit filed by activist and politician Dr. Ifeanyichukwu Okonkwo, challenging the longstanding undemocratic constitution of local government in Anambra State.

In case no. no. FHC/EN//CS/2005, delivered on September 26, 2006 by Justice AL Allagoa of the Enugu Division of the Federal High Court.

The list of the first to eighth defendants in the latest case includes the Federal Republic of Nigeria, the Governor of Anambra State, the Attorney General and Commissioner for Justice, Anambra State and the House of Representatives respectively Representatives of Anambra State.

Others are former governors, Dr. Chris Ngige, Mr Peter Obi and Chief Willie Obiano, for themselves and on behalf of their transition chairmen and councillors, and Mr Livinus Onyenwe for themselves and on behalf of the transition chairmen under the incumbent Governor, Professor Charles Soludo.

The relief sought by Okonkwo includes an order quashing/setting aside all alleged directives, financial expenditure, the presentation of ‘Igwe electees’ by city unions to chairmen of transition councils, and the issuance of certificates of recognition to them as His Royal Your Highnesses. HRH) for government recognition, allegedly made by the illegal and unconstitutionally constituted interim/transitional committees with effect from September 26, 2006, by the second through eighth defendants, who were not democratically elected.

It was reliably gathered that the latest development has left the Anambra State Council of Traditional Rulers in panic as majority of their members, who were nominated for appointment by unelected council chairmen, fear that the court will annul their appointment.

Meanwhile, the court will begin a hearing on the substantive issue on May 22, in addition to a request by the plaintiff for substituted service on some of the defendants who allegedly evaded service.

Judicial officers assigned to serve the defendants reported that the security men they met at the addresses of the former governors told them that they had not been instructed by anyone to receive judicial processes.

In addition to annulling the appointment of all traditional rulers nominated for appointment by unelected chairmen, the lawsuit also seeks to bar Governor Soludo and his three predecessors from contesting elections, holding public office or seeking re-election on grounds of the 1999 Constitution of the Federal Republic of Nigeria. .

Other follow-up actions sought by the plaintiff include “an order compelling the Second through Eighth Defendants to publicly account in court for all funds illegally spent by them or agents and secrets during their respective administrations while carrying out their illegal and unconstitutional actions.” usurpation of offices in the local government areas in Anambra State, by tampering with public funds, other than salaries and allowances of local government employees and expenditure of employees.”

The plaintiff also sought an order directing the first, second, third, fourth and eighth defendants to publish before the Honorable Court the FAAC allocation for the respective 21 local government areas in Anambra State from 2006 to 2024.

He also urged the court to order the first respondent (the Federal Republic of Nigeria) to “implement the unanimously adopted resolution of the Senate asking the Federal Government to implement the statutory allocation of funds to local boards , where chairmen and councilors are not democratically elected.”

Furthermore, Chief Okonkwo sought exemplary damages of N100 billion in his favor, against the second to eighth defendants.

It will be recalled that the landmark judgment of the Federal High Court, Enugu Division, stated that through the combined effect of Section 7 (1) and 318 (i) (c) of the 1999 Constitution of the Federal Republic of Nigeria, the Governor of Anambra State has no authority for the appointment and approval of an Interim Management Committee, or in any name whatsoever, to govern the 21 Local Government Areas in Anambra State respectively.

Justice AL Allagoa delivered the judgment in favor of Okonkwo, a resident of Nnobi in Idemili South LGA of Anambra State, who complained to the court that he was denied the right guaranteed to him under the African Charter on Human and Peoples’ Law , Cap A. 9 Articles 13 (1) 24;28 and 29 (2) of the LFN2004 vol. 1, to participate in its domestic government in Idemili South and the third tier of government – ​​the Local Government Council – proclaimed in Section 7 (1) of the 1999 Constitution.

In his judgment, Justice Allagoa held that the composition of the Interim Commission of the Anambra State Government was contrary to Article 7 (1) of the Constitution.

Allagoa made it clear that the Constitution not only guaranteed local government through a democratic system but also imposed a duty on the state government to ensure the existence of such democratically elected local government.

He made it clear that the powers of the State House of Assembly under Article 7(1) of the Constitution, to legislate in relation to Local Government Councils, clearly do not include the power of the State Government to establish an interim committee to appoint the person to lead the local government.

Consequently, the court ordered the second, third and fourth defendants – the Governor of Anambra State, the Anambra State House of Assembly and the Commissioner for Justice, Anambra State – to pay the sum of N5 million as exemplary damages to the plaintiff, which the defendants have complied with. of.