PRESS RELEASE.
Kingdom Human Rights Foundation International Friday filed a suit in the Federal High Court Abuja, seeking judicial interpretation to section 7 (1) and (6), and section 162 (3) (5) and (6) of the Constitution, to determine if the Federal Minster of Finance should b not be compelled to stop monthly statutory allocations from the Federation account to the 27 local governments of Imo state pending when local government election is conducted to restore democratically elected councils as provided for in the constitution of the Federal Republic of Nigeria 1999 (as amended).
Parties in the suit are : (a) Incorporated Trustees of Kingdom Human Rights Foundation International AND four others, whereas the defendants are the Minister of Finance, National Assembly, Governor of Imo state, Imo State House of Assembly and Imo State Independent Electoral Commission.
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In suit no: FHC/ABJ/CS/692/2017 filed by Okere Kingdom Nnamdi, the Executive Director of Kingdom Human Rights Foundation, .the plaintiff formulated the following questions for determination:
1. WHETHER OR NOT the combined reading of sections 7 (1) & (6) (a), and 162 (3) (5) and (6) of the Constitution of the Federal Republic of Nigeria 1999 (as amended), the National Assembly of Nigeria should by law or by resolution of each Houses of the National Assembly published in the official gazette, stop the monthly statutory allocations from the Federation Account to the twenty seven local governments of Imo state, pending when local government election is conducted in Imo state, to restore democratically elected local government councils guaranteed under the constitution in section 7 (1) of the 1999 Constitution.
2. WHETHER OR NOT in the circumstances the avowed refusal of the 3rd and 6th defendants to conduct local government elections in Imo state, the National Assembly should by law or by resolution of each Houses of the National Assembly published in the official gazette, direct the 1st defendant to forthwith stop the monthly statutory allocations from the Federation Account to the twenty seven local governments of Imo state, pending when local government election is conducted in Imo state to restore democratically elected local government councils guaranteed under the constitution; in view of section 7 (1) and (6) and 162 (3) and (5); and section 88 (2) (a) and (b) of the 1999 constitution of the Federal Republic of Nigeria 1999 (as amended).
3. WHETHER OR NOT by the combined reading of sections 7 (1) & (6) (b), and 162 (5), (6), (7), (8) and (9) of the Constitution of the Federal Republic of Nigeria (1999) as amended, the Imo State House of Assembly (4th defendant) has failed in its constitutional responsibility, to by law or by resolution published in its official gazette, compel the 3rd and 6th defendants to conduct local government election, to restore democratically elected local government councils guaranteed in section 7 (1) of the 1999 constitution.
4. WHETHER OR NOT the federal financial allocations, allocated to the 27 local governments in Imo state in accordance with sections 7 (6) and 162 (3) (5) of the 1999 constitution has been misused, squandered, embezzled and diverted, in the absence of democratically elected local government councils in the 27 local governments of Imo state.
5. WHETHER OR NOT the avowed refusal of the 3rd and 6th defendants to conduct local government election in Imo State since 2011 amounts to breach and denial of the constitutional rights of the 2nd, 3rd & 4th and other members of the Coalition of Imo Youth Organizations, to aspire, contest and be elected as Councilors and Chairmen into the 27 local governments of Imo State.
AND UPON THE DETERMINATION OF THE ABOVE QUESTIONS, THE PLAINTIFF WILL SEEK THE FOLLOWING DECLARATIONS:
1. A DECLARATION OF THE HONOURABLE COURT that by the combined reading of sections 7 (1) & (6) (a), and 162 (3) (5) and (6) of the Constitution of the Federal Republic of Nigeria 1999 (as amended) the National Assembly of Nigeria should by law or by resolution of each Houses of the National Assembly published in the official gazette, stop the monthly statutory allocations from the Federation Account to the twenty seven local governments of Imo state, pending when local government election is conducted in Imo state to restore democratically elected local government councils guaranteed under the constitution in section 7 (1) of the 1999 Constitution.
2. A DECLARATION OF THE HONOURABLE COURT that in the circumstances the avowed refusal of the 3rd and 6th defendants to conduct local government elections in Imo state, the National Assembly should by law or by resolution of each Houses of the National Assembly published in the official gazette, direct the 1st defendant to forthwith stop the monthly statutory allocations from the Federation Account to the twenty seven local governments of Imo state, pending when local government election is conducted in Imo state to restore democratically elected local government councils guaranteed under the constitution; in view of section 7 (1) and (6) and 162 (3) and (5); and section 88 (2) (a) and (b) of the 1999 constitution of the Federal Republic of Nigeria 1999 (as amended).
3. A DECLARATION OF THE HONOURABLE COURT that by the combined reading of sections 7 (1) & (6) (b), and 162 (5), (6), (7), (8) and (9) of the Constitution of the Federal Republic of Nigeria (1999) as amended, the Imo State House of Assembly (4th defendant) has failed in its constitutional responsibility, to by law or by resolution published in its official gazette, compel the 3rd and 6th defendants to conduct local government election, to restore democratically elected local government councils guaranteed in section 7 (1) of the 1999 constitution.
4. A DECLARATION OF THE HONOURABLE COURT that the federal monthly financial allocations, allocated to the 27 local governments in Imo state in accordance with sections 7 (6) and 162 (3) (5) of the 1999 constitution has been misused, squandered, embezzled and diverted, in the absence of democratically elected local government councils in the 27 local governments of Imo state.
5. A DECLARATION OF THE HONOURABLE COURT that the avowed refusal of the 3rd and 6th defendants to conduct local government election in Imo State since 2011 amounts to breach and denial of the constitutional rights of the 2nd, 3rd & 4th and other members of the Coalition of Imo Youth Organizations, to aspire, contest and be elected as Councilors and Chairmen into the 27 local governments of Imo State.
AND UPON THE FOLLOWING DECLARATIONS, THE PLAINTIFFS WILL SEEK THE FOLLOWING RELIEFS:
1. AN ORDER OF MANDAMUS COMPELLING the National Assembly of Nigeria to by law or by resolution of each Houses of the National Assembly published in the official gazette, stop the monthly federal statutory allocations from the Federation Account to the twenty seven local governments of Imo state pending when local government election is conducted in Imo state, to restore democratically elected local government councils guaranteed under the constitution in section 7 (1) of the 1999 Constitution; in view of the combined reading of sections 7 (1) & (6) (a), and 162 (3) (5) and (6) of the Constitution of the Federal Republic of Nigeria 1999 (as amended).
2. AN ORDER OF MANDAMUS COMPELLING the National Assembly of Nigeria to by law or by resolution of each Houses of the National Assembly published in the official gazette, direct the 1st defendant to forthwith stop the monthly statutory allocations from the Federation Account to the twenty seven local governments of Imo state, pending when local government election is conducted in Imo state to restore democratically elected local government councils guaranteed under the constitution; in view of the combined reading of section 7 (1) and (6) and 162 (3) and (5); and section 88 (2) (a) and (b) of the 1999 constitution of the Federal Republic of Nigeria 1999 (as amended).
3. AN ORDER OF MANDAMUS COMPELLING the 3rd and 6th defendants to conduct local government election in Imo State which they refused to conduct since 2011 and thereby diverting the federal monthly allocations to the 27 local governments of Imo State, on the grounds that it amounts to breach and denial of the constitutional rights of the 2nd, 3rd & 4th and other members of the Coalition of Imo Youth Organizations, to aspire, contest and be elected as Councilors and Chairmen into the 27 local governments of Imo State.
4. AN ORDER OF MANDAMUS COMPELLING the Imo State House of Assembly (4th defendant) to by law or by resolution published in its official gazette, compel the 3rd and 6th defendants to conduct local government election, to restore democratically elected local government councils guaranteed in section 7 (1) of the 1999 constitution, in view of the combined reading of sections 7 (1) & (6) (b), and 162 (5), (6), (7), (8) and (9) of the Constitution of the Federal Republic of Nigeria 1999 (as amended).
In compliance with the rules of court in matters of this nature seeking order of mandamus, the plaintiff also filed a motion ex parte seeking leave of court to commence the action under judicial review thus:
(a) AN ORDER GRANTING LEAVE to the Plaintiff to commence action for judicial review of administrative action/inaction against the Defendants in this suit by way of MANDAMUS against the Defendants to compel the 2nd defendant to perform its constitutional mandate and obligation under section 88 (2) (a) and (b) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) TO IMMEDIATELY mandate and direct the 1st defendant in this suit to forthwith stop the monthly statutory allocations from the Federation Account to the twenty seven local governments of Imo state, pending when local government election is conducted in Imo state to restore democratically elected local government councils guaranteed under the constitution; in view of the combined reading of section 7 (1) and (6) and 162 (3) and (5); and section 88 (2) (a) and (b) of the 1999 constitution of the Federal Republic of Nigeria 1999 (as amended).
(b) AN ORDER GRANTING LEAVE to the Plaintiff to commence action for judicial review of administrative action/inaction against the 3rd, 4th, 5th and 6th Defendant in this suit by way of mandamus compelling the 6th Defendant to forthwith and without any further delay, conduct local government election to restore democratically elected local governments in the 27 local governments of Imo state, to enable the 27 local governments of Imo State qualify and continue to receive statutory allocation from the revenue of the Federal Government of Nigeria as constitutionally guaranteed; in view of section 7 (1) and (6) (a) of the 1999 constitution of the Federal Republic of Nigeria 1999 (as amended).
(c) AN ORDER DEEMING AND CLASSIFYING the Plaintiffs’ Originating Summons DATED 20TH July 2017 and FILED alongside this application as properly filed under Order 34 Rule 5 (1) of the Rules of this Hon. Court.
The plaintiffs relied on the following grounds in seeking leave to commence the action under Judicial review:
(a) That since 2011 when the incumbent 3rd defendant came to power he has continued to unconstitutionally operate the 27 local governments of Imo state with caretaker committees and sole administrators to the dismay of the plaintiffs.
(b) That this matter is a matter that promotes public interest, rule of law and need to strengthen constitutional democracy in Nigeria, restore democracy at the local government levels in Imo State of Nigeria and the 1st Plaintiffs’ interest in this matter is public interest, being a corporate citizen established to lawfully pursue the aims and objectives contained in its constitution.
(c) That the 2nd, 3rd and 4th Plaintiffs are citizens of Nigeria and indigenes of Imo State of Nigeria and are members of the Coalition of Imo Youth Organizations, an Association founded in accordance with section 40 of the 1999 constitution of Nigeria.
(d) That as citizens of Nigeria and adults they are eligible to vote and be voted for in any local government election in Imo state. That the continuous refusal of the 3rd and 6th defendants to conduct local government election in Imo state since 2011 is tantamount to breach of constitutional rights of the 2nd, 3rd and 4th defendants and other members of the coalition of Imo youth organizations to contest and be elected chairmen and councilors in the various local governments.
(e) That irrespective of the refusal of the 3rd and 6th defendants to conduct local government election, the 1st defendant has continued to release federal monthly statutory allocations to the 27 local governments of Imo state to the 2nd defendant.
(f) That in the absence of a democratically elected local government councils in Imo state the monthly federal allocations meant for rural development have been misused, squandered, embezzled and diverted by the 3rd defendant.
(g) That since the National Assembly of Nigeria under the constitution has statutory powers to make law for the allocation of public revenue to democratically elected local governments, it equally has the power to by resolution or by law stop statutory allocations to undemocratically elected local governments, including directing the 1st defendant to stop the monthly statutory allocation to the 27 local governments of Imo state pending when local government election is conducted to restore democratically elected councils.
The matter is yet to be assigned to any particular court for hearing.
Okere kingdom Nnamdi
Executive Director.
