The Federal High Court in Abakaliki has enjoined the Revenue Mobilization Allocation and Fiscal Commission, the Central Bank of Nigeria, and the Federal Ministry of Finance from releasing allocations and other entitlements to the 13 local government councils of Ebonyi State until the government complies with the court's ruling nullifying the local government council elections scheduled for July 30, 2022.
Recall that some aggrieved individuals, namely Otu Collins Eleri, Nelson Eze, Akaa Ikechiwu, Micheal Ali, and Isu Amaechi, in a suit numbered FHC/AI/CS/151, had dragged the Ebonyi State government, the State Assembly, INEC, and the Attorney-General of the State to the Federal High Court in Abakaliki for not providing an equal playing field to all aspirants during the
The Court, presided over by Justice Fatun Riman on August 25, 2022, ruled that it was undemocratic and illegal to conduct an election in the local government areas without providing the plaintiffs with the existing laws intended to regulate the exercise, and therefore declared the election null and void.
Nevertheless, notwithstanding the invalidation of the election, the Ebonyi State government inaugurated the elected council members.
Infuriated by the government's move, the plaintiffs returned to court to request that its prior ruling nullifying the election be implemented.
Friday, the Presiding Judge, Justice Fatun Riman, ordered RMAFC, CBN, and the Federal Ministry of Finance to cease allocating or appropriating funds for the 13 councils of Ebonyi State until the state administration complies with the court's ruling.
Justice Riman reiterates that the local government election held in Ebonyi on 30 July 2022 was invalid since it violated Nigeria's constitution.
He stated, "Two significant events occurred in court today." One involves the local government area elections in the state of Ebonyi. And additional concerns pertain to the PDP as a political party.
"As you are aware, the Federal High Court invalidated the state's local government elections on August 25, 2022." Despite this verdict, the current government, in its wisdom, proceeded to install the 13 individuals as chairmen of the 13 local government areas in Ebonyi State.
"As law-abiding citizens, my clients returned to court since, in the previous ruling, the court pronounced the election held by EBSIEC to be unlawful, null, void, and useless. The court also ruled that the chairmanships of local governments, whose leaders have been removed from office, will expire in August 2023.
"The government of Ebonyi State disregarded that earlier ruling. How else do we combat it? We returned to this court to give effect to its declaration, as when a court issues a declaration, you can return to the same court to give that declaration effect.
"We returned to this court in order to implement that earlier ruling and that election that was ruled unlawful. Today, the court ruled that the Ebonyi State High Court lacks the authority to reverse or overturn the decision of the Federal High Court because it is not an appeals court.
"And the court granted our reliefs, to the effect that the Revenue Mobilization Allocation and Fiscal Commission, RMAFC, should cease appropriating funds to the LGAs in Ebonyi, as they have not been administered in accordance with Section 7 of the 1999 Nigerian Constitution.
These individuals who are posing as chairman are illegally present. They were chosen by whomever chose them. This lawsuit names as defendants CBN, the Attorney General of the Federation, and the federal ministry of finance.
