A federal High court sitting in Abakaliki, Ebonyi state capital on Friday has again nullified the local government election conducted in Ebonyi state.
The court also ordered the Revenue Mobilization Allocation and Fiscal Commission RMAFC, and other commissions from releasing allocations to Local Government Areas in Ebonyi state.
The Presiding Judge, Justice Fatun Riman insisted that the local government areas election conducted by the Ebonyi State Independent Electoral Commission, EBSIEC, recently remained voided and unconstitutional.
Justice Riman, however restrained the Revenue Mobilization Allocation and Fiscal Commission, RMAFC, and other commissions to stop further appropriation of funds to the LGAs in the state.
Speaking to newsmen in Abakaliki shortly after the judgement, the counsel to the plaintiff, Mudi Erenede said: “Two major things happened today in the court. One is in connection with the local government areas election in Ebonyi state. And other concerns PDP as a political party.
“You know some time ago on August 25, 2022, the Federal High Court gave a judgement nullifying the local government areas election that were held in the state. While a suit challenging the legality of that process was pending.
“Irrespective of that judgement, the government of the day in its wisdom went ahead and inaugurated 13 individuals as chairmen of the 13 local government areas in Ebonyi state.
“As law abiding individuals, my clients came back to court because in that earlier judgement, the court declared the election held by EBSIEC as unconstitutional, null, void and of no use. The court also declared that the tenure of the chairmen of local governments who have now been forced out of office will expire in August 2023.
“That earlier judgement was disobeyed by the government of Ebonyi state. And how else do we fight it, we came back to this court to give effect because when court makes declarations, you can come back to the same court to give effect to that declaration it has made.
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“We came back to this court to give effect to that earlier judgement, and that election that was pronounced unconstitutional. In the judgement today, the court has agreed that the Ebonyi state High court has no powers to override or set aside the judgement of the Federal High Court because it is not an Appeal Court.
“And granted our reliefs, to the effect that the Revenue Mobilization Allocation and Fiscal Commission, RMAFC, should stop appropriation of funds to the LGAs in Ebonyi because they are not been run as required by section 7 of the 1999 constitution of Nigeria.
“Those people who are parading themselves as chairmen are not there legally. They were appointed by whoever that appointed them. CBN, Attorney general of the Federation, federal ministry of finance are all defendants in this suit” he stated.
In a swift reaction, the counsel to Ebonyi state government, Barr. Roy Nweze said there is no need responding to a judgement that have already been delivered by the Court.
Nweze vowed to appeal the judgement without much delay.
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