16/07/2024
The supreme court usurped the powers of State Independent Electoral Commissions (SIECs)
Read paragraph 2, 3 & 4
THE COUR SITTING IN THE CASE OF THE ATTORNEY GENERAL OF THE FEDERATION VS ATTORNEY GENERAL ABIA STATES AND 35 ORS. THE SUPREME COURT TODAY DELIVERED JUDGMENT. HON. JUSTICE EMMANUAL A. AGIM READ THE LEAD JUDGEMENT
BY GRANTING THE RELIEFS THOUGH BY THE PLAINTIFF. THE 15 RELIEFS ARE AS FOLLOWS;
AMONG OTHER THINGS
1. A declaration to ensure good governance at the third tier of government in Nigeria. Namely at local government levels
2. A declaration that the state cannot use any law of the state assembly of executive orders or other actions to lawfully dissolve democratically-elected local government councils within the said state.
3. A declaration that state cannot use any law enacted by the state assembly or executive order to dissolve a democratically elected local government councils and replace them with caretaker committees (or anyhow so called)
4. A declaration that dissolution of democratically elected local government councils by the 36 states of Nigeria or any of them using state powers drivable from laws enacted by the state assembly or executive order, is unlawful unconstitutional, null and void.
5. A declaration that in face of violation of section 7 the federal government is not obligated under section 162 (5) and (6) of the constitution to pay/allocate to a state funds standing to the credit of local government, when no democratically elected local government councils guaranteed under the constitution vide section 7of the 1999 constitution are/is in place.
6. A declaration that having regard to the effect of section 7, 162 (5)&(6) , section 1 (1)&(2), a state which is in breach of the above provisions by failing to comply with mandatory provisions of the constitution is not entitled to receive and spend funds meant for the local government councils by virtue of section 162 (5)$(6) by not putting a democratically elected local government councils.
7. A declaration that by the combined reading of sections 1(1)&(2)&(3), 3(7), 5(2)(a)&(b), & (3)(c), 7(1)&(3) and 14(1),(2)(a), (c)&(4) of the constitution read together with section 318(1) any state who through the instrumentality of either state law or an administrative directive or orders dissolves or causes the dissolution of any of the democratically-elected local government councils of their/its states has gravely breached the provisions of the constitution of the federal republic of Nigeria 1999 as amended; hence by that token has committed misconduct.
8. A declaration that by the combined reading of the above sections any state which dissolves democratically elected local government councils is not entitled to revenue allocation and operation of a joint account as stipulated in section 162 until such state reverses to status quo ante bellum.
9. A Declaration that any money, including statutory allocations, grants, financial interventions or palls that accrues to any of the states for the benefit of its local government shall on being received by any such state be remitted immediately into the coffers of the local government councils of the state without any deduction and delay or excuses
10. A declaration that by the combined reading of above cases any Governor who dissolves or causes the dissolution of democratically elected local councils of his state is liable to be arraigned during or at the end of his tenure for criminal offenses bordering on breach of the constitution/contempt of court and or breach of applicable criminal and penal laws.
11. An order restraining the state from receiving, spending or tempering with funds released from the federation account for the benefit of local government when no democratically elected local government in place
12. A declaration that a local government councils is entitled to a direct payment from the federation account of the amount standing to its credit in the said federation account, where the state government has persistently refused or failed to pay to it the said amount received by the state government on its behalf.
13. A declaration that a state government is merely an agent of the local government in the federation account to collect the amount standing to the credit of the local government in the federation account and pay directly to the local government and as such agent has no power or right to spend or use any part of it for any purpose.
THE SUPREME COURT ORDERED
1. Henceforth no amount due for the benefit of local government will be paid to the state government. All the monies due for local government shall be paid directly to the local government from the federation account.
2. That the Local Government councils can only be govern by the democratically elected Local Government chairmen none democratically elected council will never perform the functions of democratically elected local government councils.
Therefore appointing caretaker councils to govern the local government is unconstitutional.
3. THE SUPREME COURT Dismissed all the Preliminary Objections filed by the 36 Defendants.
4. THE STATE ASSEMBLIES has no power to make any law to replace Democratically Elected local governments councils with caretakers committees.
SIECs were the creation of State Houses of assembly, therefore the powers to that effect has been usurped, whatever law made by state houses on the administration of local government councils, is nullity.
