From John Silas
Renowned Legal Practitioner and one time Governorship Aspirant in Anambra State, Dr. Ifeanyichukwu Okonkwo, has appealed to the Federal Government to halt the statutory allocation of funds to Local Government Area Councils, whose chairmen and councilors were not democratically elected.
Dr Okonkwo made this known in a release to the media wherein he disclosed that he has written to the Government of Anambra through the office of the Secretary of the state on his intention to institute Legal Proceeding against the Government of Anambra State, Public Officer/ Attorney- General & Commissioner for Justice Anambra State and others over non-compliance to the judgement he obtained in 2006 against improperly constituted local government councils in Anambra State.
Okonkwo added that Federal Government should ensure that those who benefitted from the funds allocated to the councils illegally return such money. “An Order directing the 2nd to the 8th groups of Defendants to render public account of the funds illegally expended by them or agents and privies, during their respective regimes of office while executing their illegal and unconstitutional usurpation of offices at the Local Government Council Areas in Anambra State by tempering with public funds, excluding salaries and allowances of the Local Government Council employees and workers’ expenditures.”
Recalled that Dr. Okonkwo in 2006 took the government of Anambra State to court in which he stated that the Governor of Anambra State has no power for the appointment and approval of caretaker management committee, or in whatever name so called, to administer respectively the 21 Local Government Council Areas in Anambra State.
Okonkwo was irked that notwithstanding the judgment given and the Exemplary Damages of N5million paid to the Plaintiff in Suit No. FHC/EN/CS/90/2005, Anambra State Government and their agents have continued to violate the aforesaid final judgment.
Okonkwo therefore said he is poised to seek redress in court to ensure that the judgement of the court is not only respected but that appropriate sanctions are meted out to those who ingloriously benefitted from the illegality by “Banning the 5th to the 8th groups of Defendants named therein from presenting themselves or occupying public offices in Nigeria for their unconstitutional, careless and contemptuous violation of the subsisting final judgment of the Federal High Court delivered on 26th September, 2006 marked Exhibit ‘A’.
Okonkwo on January 2, 2024, wrote to the Government of Anambra State through the office of the Secretary to the Government Anambra State on his intention to institute Legal Proceeding against the Government of Anambra State, Public Officer/ Attorney- General & Commissioner for Justice Anambra State and others.
He warned those unconstitutionally appointed as Local Government Transition Chairmen and Councillors serving under the regime of Professor Chukwuma Charles Soludo (current Governor of Anambra State) to vacate, while those who served under such illegality in previous administrations should prepare to return their ill-gotten allocations to the state coffers.
The letter read in part “Dr. Ifeanyichukwu Okonkwo, the beneficiary of a valid and subsisting judgment of the Federal High Court to wit: “Judgment given on Tuesday, the 26th day of September, 2006 before the Honourable Justice A.L. Allagoa – Judgesuit No. FHC/EN/CS/90/2005 between: Mr. Ifeanyichukwu Okonkwo and the Federal Republic of Nigeria, Governor of Anambra State, Anambra State House of Assembly, Attorney-General & Commissioner for Justice, Anambra State over the judgment given on Tuesday 26th day of September, 2006, in favour of the Plaintiff in his amended reliefs: A Declaration that by the combined effect of Section 7(1) and 318(i)(c) of the 1999 Constitution of the Federal Republic of Nigeria, the Governor of Anambra State has no power for the appointment and approval of caretaker management committee, or in whatever name so called, to administer respectively the 21 Local Government Council Areas in Anambra State.
A Declaration that the Local Government Council provided for in Section 7(1) of the 1999 Constitution are not within the contemplation of the State Public Service of Anambra State.
A Declaration that the illegal and unconstitutional occupation/ tenure of the offices of Chairman, Vice Chairman and, or Councilors in the 21 Local Government Council Area of Anambra State by the appointees of the 2nd, 3rd and 4th Defendants is illegal, fraudulent and unconstitutional and susurration of statutory functions.
A Declaration that the acts of the 2nd, 3rd, and 4th Defendants complained about by the Plaintiff is an infringement/violation of the Plaintiff’s right secured under section 42 of the 1999 Constitution of Nigeria.
A Declaration that the 2nd, 3rd and 4th Defendants by appointing approval of Caretaker Management Committee administering the 21 Local Government Areas Council of Anambra State, inclusive of Idemili South Local Government.
Area Council, in breach of the mandatory provision in Section 7(1) of the 1999 Constitution is a flagrant breach/violation of the Plaintiff’s right guaranteed and secured under Article 13(1) of the African Charter on Human and Peoples Right (Publication and Enforcement) Act Cap. A.9L.F.N. 2004.
A Declaration that the powers of the 2nd and 3rd Defendants to make laws in respect to matters relating to or connected with election to the offices of Chairman/Vice Chairman or Councilors of Democratically Elected Local Government Council Areas of Anambra State is not interchangeable or by Extension include the power to appoint/approve a caretaker committee in the Affairs of the Local.
Government Council, not duly elected by the plural votes by the indigenes of the Local Government Council of Anambra State, An Order of preservative injunction restraining the agents of the 2nd, 3rd and 4th Defendants from further interfering in the affairs of the 21 Council Areas of Anambra State pending the determination of the suit of the Plaintiff. An Order of perpetual injunction against the 2nd, 3rd, and 4th Defendants from their illegal misadventure beyond their powers under the 1999 Constitution with regards, to the third tire of Government, the 21 Council Areas in Anambra State.
An Order directing the 2nd, 3rd and 4th Defendants to pay the Applicant the sum of N5 million (Five million only) as Exemplary Damages.
- Notwithstanding the judgment given and the Exemplary Damages of N5million paid to the Plaintiff in Suit No. FHC/EN/CS/90/2005.Anambra State Government and their agents had continued to violate the aforesaid final judgment.
