Uncertainty In Anambra! ,As Litigations Threaten Inauguration Of LG/ Mayors / Councillors

By NKIRU NWAGBO

 

Uncertainty In Anambra! ,As Litigations Threaten Inauguration Of  LG/ Mayors / Councillors 

Nkiru Nwagbo 


An air of uncertainty is currently hovering over the inauguration of the newly elected 21 local government Mayors and Councillors in Anambra state.


The inauguration which is being expected to take place early next month going by the Anambra state local government laws is being challenged at the Court .


This is on an account of a suit filed at the State High Court Awka by 56 incumbent Councillors at Court contending that their four year tenure as stipulated in the Constitution has not expired.


They also sought for an Order of Court directing and affirming the Plaintiffs and indeed all democratically elected Local government polls are entitled to a secure and standard tenure of four years(4) years, in alignment with the democratic mandates of the federal and state tiers of government in the federation .


They  prayed for a Perpetual Injunction restraining the  Defendant's, their agents, privies or anyone acting in their behalf, from dissolving, terminating or interfering with the tenure of the elected local council at the two- year mark .


In the said Suit, the Councillors, through an Originating Summons prayed the Court for a determination that the Anambra state law is inconsistent with the Constitution of the Federal Republic of Nigeria, as regards the dissolution of the elected Councilors and Mayors, after two years in office.


"Whether Section 110(4) of the Anambra State Electoral (Amendment No 3 ) Law 2024 ,

Sections 44(3) and 64 Of Anambra State Local government Administration Law 2024 which

 provide for the compulsory dissolutions at the expiration of two years of the elected executives of the Local Government, and Councillors in Anambra State, is not inconsistent with the (section 7(1) of the Constitution, and therefore, null, void and of no effect whatsoever.

They are also seeking to determine whether, in view of the combined effects of the judgment of the Court in Hon.Anam Hamisu Mohammed vs Attorney-General of Plateau State & Ors and the judgement of the Supreme Court in Attorney-General of the Federation vs Attorney-General of Abia State & 35 Ors (2024) 17 NWLR (Pt. 1996 .425 (2024  LPELR-62576(SC), which affirmed the democratic status , self-governance  and constitutional autonomy of Local Government

Councils/officers, the provisions of Section 110(4) of the Anambra State survives and rationale thereof.Other prayers includes ; 

"Whether Electoral (Amendment No. 3) Law, 2024, are incongruous  and inconsistent 

with the 1999 Constitution (as amended)."

"Whether, having regard to Sections 7(1), 135(3) and 180(2) of 

the 1999 Constitution (as amended) in view of Nigerian federalism, the elected executives of the third tier of government—the Local Government

elected officials —can be abridged to a two-year term while their Federal and State counterparts 

enjoy constitutionally protected  four-year tenures, without violating the constitutional recognition of democratic governance at the three levels of government by the state enactment"


The Councillors therefore pray the Court for a declaration that Section 110(4) of the Anambra State  Electoral

(Amendment No. 3) Law, 2024, Sections 44(3) and 64 Of Anambra

State Local government Administration Law,2024 are in conflict with Section 1(3) and 7 of  the Constitution, and thus to that extent, unconstitutional, null and void, insofar as it purports to bring about the compulsory dissolution or termination of an existing tenure.


"A declaration that the provisions of Section,110(4) of the Anambra State Electoral (Amendment No. 3) Law, 2024, Sections

44(3) and 64 Of Anambra State Local government Administration

Law, 2024, or state Laws cannot lawfully be interpreted or applied in a manner that permits the Defendants to  arbitrarily terminate 

the subsisting constitutional mandate of democratically elected Local Government officials otherwise than in accordance with the Constitution and other applicable laws by conducting elections to remove the Plaintiff at mid tenure"


 "A declaration that the decision and/or action of the 1st and 2nd

Defendants, whether by themselves, their servants, agents or privies,

to treat the Plaintiffs' mandate elected Local Government Councilors as having ceased to exist upon the expiration of two years from their inauguration without lawful constitutional basis, is unconstitutional, illegal, null and void of no effects"


"A declaration that the 3rd Defendant, the Anambra State

Independent Electoral Commission, had no lawful authority to conduct or purport to conduct elections for the purpose of replacing the Plaintiffs 

or/and other subsisting elected Local Government officials during 

the subsistence of their constitutional four years tenure, regardless to the Constitutional provision"


The Plaintiffs (Councillors) also prayed the Court for the following reliefs; 


"An Order of perpetual injunction, restraining the 3rd

Defendant, its officers, actors, servants, agents, privies or anyone

acting on its behalf from recognizing, swearing in, inaugurating or otherwise giving effect to the purported election or purported return of persons elected pursuant to the null Local Government elections conducted on 29 August 2026 in respect of the affected Local Government  Councils in the State"


"A Declarations and Order reinstating Plaintiffs/officers with rights, privileges, and emoluments as from the date of filing this

Application till determinations of the Originating Summons"


Order of Ten Billion naira (10,000,000,000) only for general

damages against the Defendants.


 "An Order directing the Defendants to comply with the final decision of the Supreme Court in Attorney-General of the Federation

V. Attorney-General of Abia State & 35 Ors (2024) 17 NWLR (Pt. 1996)

425; (2024) LPELR-62576(SC), and Gov Ekiti V. Olubunmo (2016)

LPELR-40540(SC) and Section 287(1) of the Constitution, particularly the constitutional 

requirement for democratic governance at the Local government levels and the prohibition against arbitrary replacement/alteration of democratically elected Local Government officers with arrangements inconsistent with Section 7(1) of the Constitution"


Similarly, it was gathered that the suit which was expected for hearing last week was not listed at the Awka High Court and it is being canvased that the Attorney General of the Federation would join the forces of implementation of the Groundnorm.

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