Trial of Soludo, others over Anambra local council administration

Since 1999, the state has witnessed only two democratic transitions at the local government level. Within the same period, there were transitions to five democratically elected administrations at the state level under different governors. The governors were Chinwoke Mbadinuju , Chris Ngige , Peter Obi , Willie Obiano and Charles Soludo .

It will be recalled that the Federal High Court Enugu, in a landmark judgment on suit no. FHC/EN/CS/90/2005, declared that the Anambra State Government has no power to appoint officials to govern local government areas. Justice A. L. Allagoa entered the judgment on September 26, 2006, in favour of an activist and politician, Dr. Ifeanyichukwu Okonkwo who was the sole plaintiff in the matter.

He further made it clear that the powers of the House of Assembly under Section 7 of the Constitution, to legislate concerning local government councils, clearly did not include power of the state government to appoint caretaker committee to run local government. Consequently, the court ordered the 2nd, 3rd and 4th respondents governor of Anambra State, Anambra State House of Assembly and Commissioner for Justice, Anambra State- to pay N5 million as exemplary damages to the plaintiff.

Besides redefining local government administration in Anambra State, the suit has wider implications. For instance, having acted contrary to the constitution which they swore to uphold, the governors risk being barred by the court from contesting election or occupying public office or seeking for re-election under the 1999 Constitution of the Federal Republic of Nigeria. In particular, the suit constitutes a threat to the second-term ambition of Soludo.

Finally, the case will impact positively on the traditional institutions and town unions in Anambra State, which have been bedeviled by crisis as a result of imposition of leaders, giving rise to grassroots autocracy and financial malfeasance.

Source: Law Daily Report (lawdailyreport.net)

Governor Charles Soludo Local Council Administration

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