News
FG drags governors to Supreme Court over alleged Local Govt Affairs misconduct
The Federal Government has dragged the 36 state governors to the Supreme Court over misconduct in the affairs of the Local Government Area.
AGF, Lateef Fagbemi SAN on behalf of the federal government instituted the court action against the governors to seek full autonomy for local governments as third tiers of government in the country.
In the suit sighted by the News Agency of Nigeria, Fagbemi said the suit was a deliberate attempt at removing local governments from alleged gross abuse by the state governors.
In the suit marked SC/CV/343/2024, the AGF is praying the apex court for an order prohibiting state governors from unilateral, arbitrary and unlawful dissolution of democratically elected local government leaders for local governments.
The governors were sued through their respective State Attorneys General.
The suit is predicted on 27 grounds among which are that the Nigeria Federation is a creation of the 1999 Constitution with President as Head of the Federal Executive arm of the Federation and has sworn to uphold and give effects to the provisions of the Constitution.
The originating summons personally signed by Fagbemi, has been fixed May, 30 for hearing.
He was praying the court for an order permitting the funds standing in the credits of local governments to be directly channeled to them from the federation account in line with the provisions of the constitution as against the alleged unlawful joint accounts created by governors.
He also sought order stopping governors from constituting caretaker committees to run the affairs of local governments as against the constitutionally recognised and guaranteed democratically system.
He applied for an order of injunction restraining the governors, their agents and privies from receiving, spending or tampering with funds released from the federation account for the benefits of local governments when no democratically elected local government system is put in place in the states.
Fagbemi asked the apex court to invoke sections 1, 4, 5, 7 and 14 of the constitution to declare that the state governors and State Houses of Assembly are under obligation to ensure democratically system at the third tier of government in Nigeria and to also invoke the same sections to hold that the governors cannot lawfully dissolve democratically elected local government councils.
A 13-paragragh affidavit in support of the originating summons deposed to by one Kelechi Ohaeri from the Federal Ministry of Justice averred that the AGF took out the suit against the governors under the original jurisdiction of the supreme court on behalf of the federal government.
The deponent asserted that local government system recognised by the constitution is a democratically elected local government council and that the amount due to local government councils from the federation account is to be paid to local government system recognised by the constitution.
That the governors represent the component states of the Federation with Executive Governors who have also sworn to uphold the Constitution and to at all times,give effects to the Constitution and that the Constitution, being the supreme law, has binding force all over the Federation of Nigeria.
Other prayers include: That the constitution of Nigeria recognizes federal, states and local governments as three tiers of government and that the three recognized tiers of government draw funds for their operation and functioning from the Federation Account created by the Constitution.
That by the provisions of the Constitution, there must be a democratically elected local government system and that the Constitution has not made provisions for any other systems of governance at the local government level other than democratically elected local government system.
That in the face of the clear provisions of the Constitution, the governors have failed and refused to put in place a democratically elected local government system even where no state of emergency has been declared to warrant the suspension of democratic institutions in the state.
That the failure of the governors to put democratically elected local government system in place, is a deliberate subversion of the 1999 Constitution which they and the President have sworn to uphold.
That all efforts to make the governors comply with the dictates of the 1999 Constitution in terms of putting in place, a democratically elected local government system, has not yielded any result and that to continue to disburse funds from the Federation Account to governors for non-existing democratically elected local government is to undermine the sanctity of the 1999 Constitution.
That in the face of the violations of the 1999 Constitution, the federal government is not obligated under section 162 of the Constitution to pay any State, funds standing to the credit of local governments where no democratically elected local government is in place. (NAN)
National
INEC Notifies Natasha Akpoti Of Recall Move, Confirms Receipt Of Petitioners’ Contact Details
The Independent National Electoral Commission (INEC) has written to notify Natasha Akpoti-Uduaghan, the senator representing Kogi central, about the petition by constituents seeking her recall from the national assembly.
INEC said it has also received the contact details of the petitioners.
“Pursuant to section 69 of the constitution of the Federal Republic of Nigeria 1999, as amended, I write to notify you of the receipt of a petition from representatives of registered voters in your constituency seeking your recall from the senate,” the letter reads.
“The notification is in line with the provisions of clause 2 (a) of the Commission’s Regulations and Guidelines for Recall 2024.
“This letter is also copied to the presiding officer of the senate and simultaneously published on the commission’s website. Thank you.”
The letter was signed by Ruth Oriaran Anthony, secretary to the commission.
Meanwhile, in a statement issued on Wednesday, INEC said it has now received the updated contact details from representatives of petitioners seeking to recall the senator.
In the statement, Sam Olumekun, INEC’s national commissioner and chairman of information and voter education, said a letter notifying the senator of the petition has been delivered to her official address, copied to the senate presiding officer, and published on the commission’s website.
“The next step is to scrutinise the list of signatories submitted by the petitioners to ascertain that the petition is signed by more than one half (over 50%) of the registered voters in the constituency. This will be done in the coming days,” Olumekun said.
“The outcome, which will be made public, shall determine the next step to be taken by the Commission. We once again reassure Nigerians that the process will be open and transparent.”
Akpoti-Uduaghan had recently accused Senate President Godswill Akpabio of sexually harassing her.
The allegation came in the wake of her seating arrangement altercation between Akpabio and the Kogi central senator at the red chamber
She was subsequently suspended from the senate for six months for “gross misconduct” over the incident.
The constituents behind the recall move also alleged her of “gross misconduct, abuse of office, and deceitful behaviour”.
The senator has denied wrongdoing and called the recall effort a “coordinated suppression” of her voice.
Shops and goods estimated at millions of naira have been destroyed by a night fire that razed a market on the popular Iweka Road, close to Ochanja market in Onitsha, the Anambra State capital.
The fire, which started at 08:30pm on Tuesday, razed shops that had furniture materials such as leathers, foams, and others.
Although the cause of the fire has yet to be ascertained, it was gathered that the fire raged for several minutes before the arrival of the firefighters as some of the traders had already gone home before the fire started.
Residents and sympathisers were seen trying to salvage some of the remnants of the goods in the shops while calling on the affected traders to come back to the market.
Confirming the fire incident on Wednesday, a spokesperson for the Anambra State Fire Service, Chukwudi Chiketa, said the agency received a distress call at 09:40pm on Wednesday and deployed a crew of firemen and firefighting equipment to the scene.
According to Chiketa, the crew stopped the fire from further escalation.
….Says Ibas only Accountable To Tinubu,Wike Only
The National Democratic Coalition (NADECO) in the United States has rejected the appointment of Ibok-Ete Ibas, a retired vice-admiral, as sole administrator of Rivers state.
BACKGROUND
On March 18, President Bola Tinubu declared a state of emergency in Rivers, citing the protracted political crisis and vandalisation of oil facilities.
The president suspended Siminalayi Fubara, the Rivers state governor, Ngozi Odu, his deputy, and all house of assembly members for six months.
Tinubu also appointed Ibas as the sole administrator for Rivers state.
On March 20, the senate and the house of representatives controversially ratified Tinubu’s request for the emergency rule.
The presidency had said the decision to prevent further escalation of the political crisis in south-south state.
A statement on Wednesday by Lloyd Ukwu, NADECO USA president, said Ibas would only be accountable to Tinubu, Nyesom Wike, minister of the federal capital territory(FCT), and not the people of Rivers state.
Ukwu claimed that Tinubu lacks the constitutional authority to suspend Fubara and appoint a sole administrator, describing the appointment as “illegitimate”.
“Nigeria operates as a federation, with Rivers State as a sovereign entity, and Tinubu, as President, lacks the constitutional authority to unilaterally suspend an elected governor like Fubara,” he said.
“Rivers State is not a subordinate institution, neither is it a High School and Tinubu is not its overseer and not the Principal of a high school who can suspend a student willy-nilly.
“In a democracy, sovereignty resides with the citizens, not with an unelected administrator or an aspiring autocrat or want-to-be civilian dictator in Abuja.
“Governments derive their legitimacy from the consent of the governed—leaders are entrusted with the power to serve the people, not to rule over them by imposing an administrator over them.
“The people of Rivers State exercised their democratic right in 2023 by electing Siminalayi Fubara as their governor.
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“They did not choose an imposed administrator. NADECO therefore demands the immediate resignation of this illegitimate appointee.
“True democracy requires that governance be rooted in the people’s will, expressed through free and fair elections.
“This imposed administrator is accountable not to Rivers people but to Tinubu, Akpabio, Kereke-Ekun, and Wike. His allegiance lies with these political actors, not with the citizens he claims to govern.
“The principle of ‘Power to the People’ is enshrined in Nigeria’s constitution and international human rights instruments, including the UN Universal Declaration of Human Rights.
“Upholding this principle, NADECO insists that Rivers people must completely and resolutely reject this illegal administrator, forcing his resignation. Anything less is unacceptable.”