A Civil Society Organization, Kingdom Human Rights Foundation has dragged Governor Rochas Okorocha of Imo state before the Federal High Court in Abuja, over his alleged refusal to conduct local government elections in the state since 2011.
Th e group also seeks court order stopping monthly allocation to the state. In the suit marked FHC/ ABJ/CS/692/2017, the group is seeking judicial interpretation to section 7 (1) and (6), and section 162 (3) (5) and (6) of the Constitution, to determine if the Federal Minister of Finance should 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). Other defendants in the suit are the Minister of Finance, National Assembly, Imo State House of Assembly and Imo State Independent Electoral Commission. Specifi cally, the plaintiff formulated the following questions for determination by the court:
“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 offi cial gazette, stop the monthly statutory allocations from the Federation Account to the twenty seven local governments of Imo State, pending when local governmentelection is conducted in Imo state, to restore democratically elected local government councils guaranteed under the constitution in section 7 (1) of the 1999 Constitution.
“Whether or not in the circumstances, the avowed refusal of the 3rd and 6th defendants (Okorocha and Imo State Independent Electoral Commission) 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 offi cial gazette, direct the 1st defendant to forthwith stop the monthly statutory allocations from the Federation Account to the 27 local governments of Imo State, pending when the local government election is conducted in Imo State to restore democratically elected councils guaranteed under the constitution.
“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 offi cial 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.
“Whether or not the federal fi nancial 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”. Upon the determination of the questions, the plaintiff , among other reliefs, prayed the court for:
“A declaration 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 offi cial 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.
“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 offi cial 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).
“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.
As well as, “An order of Mandamus compelling the Imo State House of Assembly (4th defendant) to by law or by resolution published in its offi cial 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).”
