A court in Akwa Ibom State has declared as illegal, the local
government caretaker committees in the state.
The 31 local governments in the state have been run for about
two years now by chairpersons handpicked by the state governor,
Udom Emmanuel.
A State High Court at the Abak Judicial Division presided by
Justice Ezekiel Enang declared on Tuesday that the setting up of
the caretaker committees was unlawful because there were no
provisions for such within the Nigerian Constitution.
The court accordingly ordered Governor Emmanuel to dissolve the
caretaker committees immediately.
A lawyer, Nsikak Akai of the Nsikak Akai and Associates, Abak,
who filed the suit against the Akwa Ibom State government and Mr.
Emmanuel, told PREMIUM TIMES not
TheNigerialawyer that he checked through the Nigerian
constitution but could not find any provisions that empower the
governor to set up caretaker committees to run the local
governments in the state.
Mr. Akai said he was happy for the judgment, describing it as a
victory for democracy and the people of the state.
“For once, Akwa Ibom people can hold their governor to account
subsequently whenever a governor intends to or even contemplate
appointing caretaker committees in the state,” he said.
“The grievance we had was that the persons that were being
appointed as caretakers were only answerable to their benefactors
who see them as stooges, while the people bear the brunt.
“Once we have elected representatives at the grassroots level,
then we can hold them to account,” Mr Akai said.
However, the Commissioner of Justice in the state, Uwemedimo
Nwoko, said the state government would appeal the judgment.
When PREMIUM TIMES reminded Mr. Nwoko that the grounds for the
judgment was that caretaker committee running the affairs of the
local government areas was alien to the Nigerian Constitution, he
responded, “That may be so, but the truth is that there are certain
circumstances that make the setting up of transition committees
applicable in this matter.”
Mr. Nwoko said he told the court that the inability of the state
government to conduct the local council election was because the
Independent National Electoral Commission, INEC, since 2012 has
failed to make available to the Akwa Ibom State Independent
Electoral Commission, AKISIEC, the voters’ registers in the
state.
“It would have been improper and it would have disenfranchised
thousands of people in Akwa Ibom State if we had gone back to use
the 2012 voters’ registers which INEC itself has discarded,” said
Mr Nwoko, who added that the caretaker committees were established
after a law to that effect was duly passed by the state House of
Assembly.
The commissioner’s remarks, however, contradicts what Governor
Emmanuel said in May – that the state lacked funds to conduct local
elections.
“The prevailing economic situation is not conducive for us to
conduct local government elections,” the governor had told
journalists during a press briefing at the Government House, Uyo.
“We cannot borrow money on high interest rates from bank for
elections.
“What of if you set up local government council and you don’t
have money to run the council?
“In recession, you carefully direct where money should go,” the
governor said.
The government later made a U-turn and fixed November 11 for the
election.
The lawyer who filed the suit against the state government, Mr.
Akai, said they were ready to defend the judgment at any level of
appeal.
A court in Akwa Ibom State has declared as illegal, the local
government caretaker committees in the state.
The 31 local governments in the state have been run for about
two years now by chairpersons handpicked by the state governor,
Udom Emmanuel.
A State High Court at the Abak Judicial Division presided by
Justice Ezekiel Enang declared on Tuesday that the setting up of
the caretaker committees was unlawful because there were no
provisions for such within the Nigerian Constitution.
The court accordingly ordered Governor Emmanuel to dissolve the
caretaker committees immediately.
A lawyer, Nsikak Akai of the Nsikak Akai and Associates, Abak,
who filed the suit against the Akwa Ibom State government and Mr.
Emmanuel, told PREMIUM TIMES not
TheNigerialawyer that he checked through the Nigerian
constitution but could not find any provisions that empower the
governor to set up caretaker committees to run the local
governments in the state.
Mr. Akai said he was happy for the judgment, describing it as a
victory for democracy and the people of the state.
“For once, Akwa Ibom people can hold their governor to account
subsequently whenever a governor intends to or even contemplate
appointing caretaker committees in the state,” he said.
“The grievance we had was that the persons that were being
appointed as caretakers were only answerable to their benefactors
who see them as stooges, while the people bear the brunt.
“Once we have elected representatives at the grassroots level,
then we can hold them to account,” Mr Akai said.
However, the Commissioner of Justice in the state, Uwemedimo
Nwoko, said the state government would appeal the judgment.
When PREMIUM TIMES reminded Mr. Nwoko that the grounds for the
judgment was that caretaker committee running the affairs of the
local government areas was alien to the Nigerian Constitution, he
responded, “That may be so, but the truth is that there are certain
circumstances that make the setting up of transition committees
applicable in this matter.”
Mr. Nwoko said he told the court that the inability of the state
government to conduct the local council election was because the
Independent National Electoral Commission, INEC, since 2012 has
failed to make available to the Akwa Ibom State Independent
Electoral Commission, AKISIEC, the voters’ registers in the
state.
“It would have been improper and it would have disenfranchised
thousands of people in Akwa Ibom State if we had gone back to use
the 2012 voters’ registers which INEC itself has discarded,” said
Mr Nwoko, who added that the caretaker committees were established
after a law to that effect was duly passed by the state House of
Assembly.
The commissioner’s remarks, however, contradicts what Governor
Emmanuel said in May – that the state lacked funds to conduct local
elections.
“The prevailing economic situation is not conducive for us to
conduct local government elections,” the governor had told
journalists during a press briefing at the Government House, Uyo.
“We cannot borrow money on high interest rates from bank for
elections.
“What of if you set up local government council and you don’t
have money to run the council?
“In recession, you carefully direct where money should go,” the
governor said.
The government later made a U-turn and fixed November 11 for the
election.
The lawyer who filed the suit against the state government, Mr.
Akai, said they were ready to defend the judgment at any level of
appeal.