A Federal High Court sitting in Abakaliki, Ebonyi State, has told the Ebonyi State government led by Governor David Umahi, that it lacked the authority to appoint caretaker chairmen to run the affairs of the 13 Local Government Areas of the State.
Newsonline reports that the Court of Justice Fatun Riman also ruled that the Independent National Electoral Commission (INEC) cannot give the national voters register to the state electoral commission to use for its local government election.
Mr. Otu Collins Eleri, Nelson Eze and three (3) others had dragged the Independent National electoral commission, INEC, the Ebonyi State Independent Electoral Commission, EBSIEC, and the Ebonyi State government to Court, challenging the outcome of the local government areas’ election conducted on 30th July, 2022.
Justice Fatun Riman, in the suit. No. FHC/AI/CS/151/2022, ruled that the INEC is not a rubber stamp agency and is not under any duty whatsoever to release the Register of Voters to Ebonyi State Independent National Electoral Commission for purposes of using same in the conduct of Local Government Elections in the 13 Local Government Areas of Ebonyi State.
Justice Fatun Riman also ruled that the Ebonyi State government lacked the authority to appoint unelected chairmen or superintendents to run the affairs of the local governments.
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The Court judgment signed and issued to newsmen by the court registrar, Chigbu Stephen reads in a part: “That the tenure of office of Local Government Chairmen and Councilors in Ebonyi State is three years and that the tenure of the present crop of Chairmen and Councilors in Ebonyi State will expire in August 2023.
“That the 3rd defendant (Ebonyi State government) lacks the vires, authority, enablement, etc to appoint Caretakers. Caretaker Committees and/or anybody or persons by whatsoever name or nomenclature called that are unelected democratically to run, manage, superintend, etc, the affairs of the 13 Local Government Areas of Ebonyi State.
“That the Independent National Electoral Commission is not a rubber stamp agency and is not under any duty whatsoever to release the Register of Voters to Ebonyi State Independent National Electoral Commission for purposes of using same in the conduct of Local Government Elections in the 13 Local Government Areas of Ebonyi State, without availing the plaintiffs and members of the public with the extant Law or Laws, if any meant to regulate the said exercise.
“That the Independent National Electoral Commission for itself, its agents, servants, workmen, etc are restrained from releasing the Register of Voters in Ebonyi State to the Ebonyi State Government and Ebonyi State Independent Electoral Commission for purposes of using same for the proposed Local Government Elections in the 13 Local Government Areas of Ebonyi State, pending the release and publication of the extant Law, etc meant to regulate the conduct of the said exercise to the plaintiffs and members of the public.”
