Scheduled for May 22, 2024, the Federal High Court in Awka Division will listen to a lawsuit brought by activist and politician Dr. Ifeanyichukwu Okonkwo, challenging the longstanding undemocratic formation of local government administration in Anambra State.
Dr. Okonkwo filed the suit with the number FHC/AWK/CS/90/2024 through originating summons. The case calls for nine consequential reliefs or directing orders, based on the interpretation of a previous court judgment on the same issue. The judgment was given on September 26, 2006, by Justice A. L. Allagoa of the Federal High Court Enugu Division in suit no. FHC/EN//CS/2005.
The defendants listed in the current case include the Federal Republic of Nigeria, Governor of Anambra State, Attorney General and Commissioner for Justice of Anambra State, Anambra State House of Assembly, former governors Dr. Chris Ngige, Mr. Peter Obi, and Chief Willie Obiano, along with Mr. Livinus Onyenwe.
One of the reliefs sought by Dr. Okonkwo is to nullify all directives, financial transactions, and recognition of “Igwe elects” by town unions to transition council chairmen, who were not democratically elected. This action dates back to September 26, 2006, and involves the 2nd to 8th defendants.
A sense of fear has enveloped the Anambra State Council of Traditional Rulers as many members who secured appointments through unelected council chairmen are now apprehensive that their appointments may be invalidated by the court.
The court proceedings on May 22 will cover the substantive matter and an application by the plaintiff for substituted service on some defendants who have been evading being served.
Court bailiffs tasked with serving the defendants were unable to do so at the addresses of former governors, as security personnel there claimed no authorization to accept court documents from anyone.
The lawsuit also aims to prohibit Governor Soludo and his predecessors from participating in elections or holding public office under the 1999 Constitution of Nigeria.
Other reliefs sought include compelling the defendants to account for funds expended during their administrations at local government levels, and disclosing FAAC Allocation to Anambra’s local government areas from 2006 to 2024.
The plaintiff further demands that the Federal Government stop allocations to local governments where chairmen and councillors were not democratically elected.
Dr. Okonkwo also seeks exemplary damages of N100 billion against the 2nd to 8th defendants.
A previous court ruling stated that the Governor of Anambra State lacks the authority under the Constitution to appoint caretaker management committees to oversee the 21 Local Government Council Areas in the state.
Justice Allagoa’s judgment favored Dr. Okonkwo, who hails from Nnobi in Anambra State, emphasizing the right to participate in local and government affairs as guaranteed in the Constitution.
The court found the constitution of caretaker committees by the Anambra State government to be inconsistent with the provisions of the Constitution, highlighting the need for democratically elected local governments.
As a result, the court directed the Governor of Anambra State, Anambra State House of Assembly, and Commissioner for Justice, Anambra State, to pay N5 million in exemplary damages to the plaintiff, a payment that was duly made by the defendants.