Four political parties, All Progressives Grand Alliance (APGA), Action Democratic Party (ADP), Action Allaince (AA) and Peoples’ Redemption Party (PRP) have jointly dragged the Government of Bayelsa State to court for refusal to conduct election for Local Government Council which tenure expired since August, 2022.
The claimants, HON. BRISBE KPODOH,
HON. TARE EDWIN, HON. ALEX BUFUMOH and HON. AZIBOLA OKALA in their originating summon prayed the court to determine whether the refusal of the Defendant to conduct Local Government Elections which tenure of the last elected executives expired since August, 2022, is not a breach of the Claimants’ right to vote and be voted for as provided for under Section 7(4) of the 1999 Constitution as Amended.
In the suit, numbered YHC/8M/2023, the claimants in a sworn affidavit notified the court they have at various times through their umbrella body The Inter Party Advisory Coucil (IPAC) notified the defendants that they were going to commence a legal action against the defendants, yet the defendants have consistently turned a deaf ear.
They further drew the attention of the court to the fact that the Bayelsa State House of Assembly, headed by the 3rd defendant had previously amended the Local Government Law, empowering the 1st defendant to appoint a Caretaker Committee to oversee the affairs of the LGAs in the event that they are unable to conduct, elections, saying that such power is unconstitutional.
The presiding judge of the Yenagoa High Court, Justice Iniekenimi Uzaka, has however adjourned the suit to 8th March, 2023, for further hearing.
Speaking to newsmen in Yenagoa shortly after the court session, Hon. Kpodoh, one of the claimants and chairman of Inter Party Advisory Council (IPAC), Bayelsa State Chapter, said that using Head of Personnel Management (HPM) as LGA chairmen is not only illegal but has prevented the dividends of democracy to trickle down to the grassroot, as they are employee of government.
According to Kpodoh “the IPAC has advised the government about the conduct of LGA elections. It is not news that the tenure of LGA chairmen have long expired. Even the tenure of commissioners of the Bayelsa State Independent Electoral Commission (BYSIEC) have since expired. And yet, there is no effort by the state government to conduct LGA elections.
“So, today we are in court because we feel the LGA is more important for the fact that it is closer to the people at the grassroot level. And if there is no proper administration, the people will not get the dividends of democracy. We have the relevant sections in the 1999 constitution as amended, we also have the provisions of the electoral act which stipulate that those in charge of governance at LGA level must be duly elected.
“And anything contrary to that is illegal, null and void. So we are approaching the court to interpret the law, whether the continuous refusal of government to conduct LGA election is proper and in the accordance of the law. Secondly, to determine if the management of the LGA by unelected people, who are civil servants, is legal.
“We are seriously against this because the LGA funds are being managed by illegal officials and this is against the extant laws of this country. We have held several meetings with government officials and they promised us that they would conduct the election after the Sound State governorship election but up till now, we have not heard anything.
“They made other political parties conduct primaries and submit names of candidates to BYSIEC, then they abandoned the process without letting us know why they could not conduct the elections. And that is not fair because we have tried our best. We want the governor to listen to us because he has been a Senator who took part the amendment of these laws.”
Also speaking, Hon. Tare Edwin, the chairman of Action Democratic Party (ADP) said “the position of government on this issue is clear demonstration of disrespect to other political parties. I say so because when you appoint your employee as chairman of the Council, you have automatically shot out other political parties. It means that other political parties do have the opportunity to have representatives in the government.
“And it is only on three conditions we are going to withdraw from this case and they are as follows; one, the government must
properly constitute the BYSIEC whose members tenure have since expired, secondly, the BYSIEC should call all the political parties to a meeting where we will all come to an agreement on how the election would be conducted and thirdly, a new date for the election should be announced.”
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