APC in Rivers raise eyebrows over Lawsuit Challenging LG Allocations

The All Progressive Congress, Rivers state chapter, led by the reinstated Chairman, Emeka Beke, has condemned the lawsuit instituted by a chieftain of the party, Tony Okocha, seeking to stop funds allocation to the local government councils.

This, as the Supreme Court has also reinforced the powers and independence of local governments to receive funding unhindered based on Section 162(7) of the Constitution.

Making this known via a press statement, the party’s spokesman, Darlington Nwauju, reiterated that Tony Okocha and his caretaker committee had been sacked but have continued to parade themselves against a subsisting court judgement.

In the scathing statement, Mr. Nwauju further accused Tony Okocha of not meaning well for the state and being after frustrating the councils because they no longer have access to their funds.

This is coming in the wake of a press briefing over the weekend where Okocha admitted to going to court to stop fund allocation to the councils over what he described as a faulty process.

ATTEMPTS AT SEQUESTERING THE THIRD TIER OF GOVERNMENT BY BLOCKING LOCAL GOVERNMENT ALLOCATIONS IN RIVERS STATE IS TANTAMOUNT TO COUP D’ETAT

~ OKOCHA AND CO HAVE BEEN SACKED AND REMAIN SACKED

We have carefully studied events in our dear state, especially as it pertains to the functioning of the local government system, and have come to the realisation that throwing our arms up in the air like Pontius Pilate or sitting on the fence will only further thin out what is left of the democratic fibre of the state.

We are shocked at the continuous gleeful disdainful treatment for a valid judgement of the court that had sacked Tony Okocha and his group.

It is shameful that Okocha and his friends, who do not believe or respect the judgement of the High Court, which invalidated their so-called appointment by NWC after more than nine months of litigation, have been openly boasting of getting judgement from a court of coordinate jurisdiction in Abuja to stop allocations to local governments in Rivers State, thereby frustrating thousands of Rivers people whose livelihood and survival are dependent on the local government system, especially council workers.

We do not believe that the judiciary should continue to allow itself to be manipulated by desperate politicians to the point of deposing affidavits in the name of the All Progressives Congress in Rivers State, whereas a competent court in Port Harcourt had taken a stand against the contraption Tony Okocha claims to represent (refer to Suit No. PHC/3592/CS/2023).

We stand by the fact that electoral bodies are expected to be independent/neutral and must have the spine to resist meddlesomeness from the courts. This we believe the RSIEC in Rivers State did by conducting local government elections in Rivers State on October 5th, 2024.

Section 87 of the 2010 Electoral Act bars courts from stopping INEC from carrying out it’s electoral duties. Section 60(2) of the 2018 Rivers State Local Government Act draws strength from the Election Act.

Attempting to arrest electoral processes that are ongoing or almost concluded is tantamount to a coup on our democratic norms. Recall that in 2004, when President Olusegun Obasanjo ordered that funds belonging to Lagos State be confiscated on the grounds that new local government areas were created, the state government stood it’s ground and won the case. Again in 2005, the National Assembly made a law for monitoring local government funds in the country by appointing monitoring committees. States went to court, and the Supreme Court said the Federal Government has no power to monitor funds meant for local governments because they are democratically elected.

The Supreme Court of Nigeria has also reinforced the powers and independence of local governments under our laws to receive funding unhindered based on Section 162(7) of the Constitution.

Nigerians are reminded to consider the fact that not too long ago in 2018, the Rivers State House of Assembly enabled, invented, and contrived  all manner of strange laws that fertilised a civilian dictatorship in the state. When the 8th Assembly, under Ikuiyi Owaji as Speaker and Martins Amaewhule as Majority Leader, amended the Local Government Election Law Section 60(2), which prohibited aggrieved parties from filing suits related to local government elections, it was hastily signed by former Governor Nyesom Wike.

Today, the same set of individuals are scurrying all the courtrooms of the Federal High Court through Tony Okocha to obtain orders targeting collapsing the local government system in Rivers State.

By the doctrine of consistency, we do not believe the courts should be manipulated into sequestering the third-tier government in Rivers State by the same people who did everything to stop every other person from approaching the courts to challenge the duties of either the RSIEC, who had all the time in the world to conduct elections under Justice George Omereji but instead chose to run the local government councils for nine (9) solid months through caretaker committees.

We are aware that funds belonging to local government councils in the state are no longer accessible to these greedy politicians. We know for sure that the flurry of litigation is purely for selfish reasons and not to deepen our democratic process.

We suggest that these cannon fodders and later-day apostles of due process join the clamour for the implementation of the report of the Justice Muhammad Uwais Panel, which recommended that members of electoral bodies in Nigeria be appointed through advertisement, and those shortlisted go through a body that would then recommend them to the House of Assembly. It is the way to go to ensure confidence in the electoral process by all political parties and not embark on a civilian coup d’etat aimed at punishing innocent Rivers people.

Signed:

Darlington Nwauju

Rivers State APC Spokesman