Why Court Sack Kogi Local Government Chairmen, Councillors
The Kogi High Court sitting in Koton-Karfe on Monday nullified the May 4, 2013
Local Government Elections conducted in the state by the State Independent
Electoral Commission (KOSIEC).
The judgement was delivered in two hours, eight minutes by Justice Alaba
Omolaye-Ajileye.
The court issued a consequential order for the council chairmen in the 21
Local Governments to hand over the affairs of the councils to the most senior
directors.
Justice Omolaye-Ajileye affirmed the contention of the All Progressives
Congress (APC) that the commission was not properly constituted to conduct the
election.
The suit had the State Government, KOSIEC and seven others as co-defendants.
The judge held that, the constitution of members of the commission contravened
Section 200 (1) of the 1999 Constitution of the Federal Republic of Nigeria
(As amended).
He said that the prosecution had proved its case beyond reasonable doubt.
The prosecution proved that the Chairman, Ayo Olaniran, David Apeh and three
other members of the commission were card-carrying members of the Peoples
Democratic Party (PDP).
This, the court said, contravened the provisions of the constitution.
NAN reports that three political parties had on April, 2013 approached the
court to stop the conduct of the election.
It listed the parties to include the defunct All Nigeria Peoples Party (ANPP),
Action Congress of Nigeria (ACN) and the Congress for Progressive Change
(CPC).
The claimants, now APC, raised for consideration four fundamental questions,
including whether the commission was properly constituted in consonance with
section 200(1) of the court.
Mr. Omolaye-Ajileye held that the commission, as an umpire, must “manifestly”
be seen to be neutral.
He said that it would be inappropriate to interpret Section 200 (1) of the
constitution (as amended) in his favour.
The judge described as shocking, the way the chairman of such a commission
went “completely out of his way to join a political party.
“It’s not that he joined alone, but proceeded to contest the primaries of an
election under the umbrella of a political party.
“After the election, such a card-carrying member of the political party came
back to organise an election involving his party and other political parties.
“Any claim to neutrality, integrity, transparency and fairness in favour of
such body headed by such a person goes to no issue.
“The truth is that, the constitution has, by that singular act, been violated
with a tincture of impunity”, he said.
Justice Omolaye-Ajileye held that the membership of Messrs Olaniran and Apeh
and the conduct of the election under the PDP compromised “irredeemably” the
integrity of the commission.
“Given the centrality of these notions and the transparency embedded in the
works and functions of a state SIEC.
“From the foregoing, I hold that as at 4th May, 2013, the 3rd defendant was
not properly constituted, in accordance with section 200(1).
“The direct consequence of this is that, all the acts and actions of the
defendants on May 4, 2013 become a nullity, ” he said.
The judge said there was no way the chairmen and councillors elected under the
voided election could be allowed to benefit from such a flagrant breach of the
constitution.
He therefore issued an order directing the most senior directors of the
councils to assume responsibility, pending the conduct of a fresh council poll
by a properly constituted commission.
(NAN)
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