Maduako Ignokwe l Monday, January 17, 2022
AWKA, Anambra, Nigeria – Two months to the expiration of present administration in Anambra state , a legal practitioner, Chijioke Ifediora and others have dragged the State governor, Willie Obiano, to court over local government funds and appointments .
Other defendants in the case are the Speaker, Anambra State House of Assembly, the Anambra State Independent Electoral Commission and the Attorney General of the state.
Obiano tenure as governor of Anambra State will expire on March 17th 2022 and since he assumed office had never conducted any local government election in his barely eight years .
The applicants in a Suit number A/454/2021 are seeking an interlocutory injunction against the defendants before Justice Nwabunike of Anambra State High Court 5 Awka. The case has been slated for hearing on 10th day of February, 2022.
Ifediora and other plaintiffs in the suit are seeking amongst other things an order of interlocutory injunction restraining the 1st ( Obiano) and 3rd Defendants ( Speaker Anambra State House of Assembly) from appointing/ratifying the appointment of Transition/ Caretaker Committees in all the 21 local government areas in Anambra State pending the determination of the substantive suit.
The suit is also seeking an order of the court restraining the Anambra State Electoral Commission and 3rd defendants from taking any actions whatsoever directly or indirectly either through themselves or their agents, privies or appointed officers or issuing circulars/memos that will interfere/affect the determination of the suit excluding conduct of local government election as constitutionally guaranteed in the 21 local governments in Anambra State.
The plaintiffs also want the court to restrain the 1st, 2nd and 3rd defendants from taking any actions whatsoever directly/ indirectly either through themselves or their agents, privies or appointed officers; issuing circulars/memos that will tamper/affect/appropriate the local government funds monthly/ quarterly allocated by the Federal Government of Nigeria for the 21 Local Governments in Anambra without the direction/order of the court pending the determination of the substantive suit or such order(s) the court may deem fit to make in the circumstances of this application.
The plaintiffs in their ground of application argued that “the substantive suit raises constitutional issues for determination, adding that “the continued collection of local government allocation by the 1st, 2nd and 3rd Defendant will prejudice this case and make mockery of the judicial proceedings.
“Administrative activities of the 21 local governments will not be affected by this order except the illegal appointment of transition caretaker committees.
They also want the court to determine” Considering the provisions of section 7(1) of the Constitution of the Federal Republic of Nigeria,1999(as amended) and section 208 of the Anambra State Local Government Law, 1999(as amended) whether the 1st and 3rd defendants’ actions in constituting Transition/Caretaker Committees to oversee the affairs of Local Government Areas are not ultra vires, unconstitutional and illegal.
The plaintiffs further sought “a declaration that the perpetual renewal of Caretaker/Transition Committee by virtue of section 208 of the Anambra State Local Government Law,1999(as amended), which provides for three months renewal in perpetuity of Caretaker/Transition Committees to oversee the affairs of Local Government Areas and carry out the functions of Local Government Councils ultra vires , unconstitutional and illegal.”
The last local government election in the state was conducted in 2013.
