The People Democratic Party, PDP, has instituted a case in the High Court of Justice, Kaduna, challenging the provision of Section 22(5) of the Kaduna State Electoral Law 2021 which empowers the governor of kaduna state to appoint Administrators until another election season in respect of any LG where election did not take place owing to violence or insecurity.
Counsel to the Plaintiff, Barr. Samuel Atung explained that, “We have just filed an originating summon on behalf of our clients asking the court to construe the provisions of section 7(1) of the 1999 (as amended) which guarantees the existence of a system of a democratically elected councils vis-à-vis the provisions of section 22(5) of the Kaduna State Electoral Law 2021 which empowers the governor of Kaduna state to appoint an Administrator for a local government in respect of which election did not held as a result of insecurity or violence until the next election season.
Adding, “Having regards to the clear and unambiguous provisions of Sections 1 and 7 (1) of the 1999 Constitution (as amended) the 2nd Defendant is Kaduna State House of Assembly which derives it’s existence and legitimacy from the 1999 constitution lacks the constitutional vires to legislate granting the 1st Defendant i.e the Governor of Kaduna State power to appoint an Administrator for a Local Government Area in Kaduna State until another election season.”
The PDP prays the High Court of Justice to nullify and or set aside the provision of Section 22(5) of the Kaduna State Electoral Law, 2021 for being unconstitutional, ultra vires the 2nd Defendant and therefore null, void and of no Legal consequences whatsoever.
In addition it prays for an order of Perpetual Injunction restraining the Defendants, especially the 1st Defendant from taking steps to implement and or give effect to Section 22(5) of the Kaduna State Electoral Law, 2021.”
The Legal luminary also said no date has been fixed by the Court for hearing but, they have filed a motion on notice praying for an Order of accelerated hearing.
It will be recalled that, the Kaduna State House of Assembly has recently passed into Law an Executive Bill sponsored by the Kaduna State government in which Section 22(5) purports to donate power to the Governor to appoint an Administrator for any Local Government in respect of which election did not hold owing to insecurity or violence until the next election season.
The PDP is kicking against this provision on the grounds that Nigeria is a constitutional democracy which does not envisage any form of undemocratic practice such appointment of Administrators for local government councils.