A Federal High Court in Abakaliki, capital of Ebonyi State, has restrained the State government led by Chief David Umahi from appointing new caretaker committees to run the affairs of the 13 Local Government Areas of the State.
One Mr. Otu Collins Eleri, Nelson Eze and three (3) others dragged the Independent National electoral commission, INEC, the Ebonyi State Independent Electoral Commission, EBSIEC, and the Ebonyi State government to the Court, challenging the outcome of the local government areas election conducted on 30th July, 2022.
The trial judge, Justice Fatun Riman, had in the suit. No. FHC/AI/CS/151/2022, ruled that the INEC is not a rubber stamp agency and is not under any duty whatsoever to release the Register of Voters to Ebonyi State Independent National Electoral Commission for purposes of using same in the conduct of Local Government Elections in the 13 Local Government Areas of Ebonyi State.
Justice Riman, also in his ruling, stated that the tenure of office of Local Government Area Chairmen in Ebonyi State remains three (3) years and that the tenure of the current chairmen will expire in August, 2023.
The Court judgement signed and issued to newsmen by the court registrar, Chigbu Stephen reads in a part: “That the tenure of office of Local Government Chairmen and Councilors in Ebonyi State is three years and that the tenure of the present crop of Chairmen and Councilors in Ebonyi State will expire in August, 2023.
“That the 3rd defendant (Ebonyi State government) lacks the vires, authority, enablement etc to appoint Caretakers. Caretaker Committees and/or anybody or persons by whatsoever name or nomenclature called that are unelected democratically to run, manage, superintend, etc, the affairs of the 13 Local Government Areas of Ebonyi State.
“That the Independent National Electoral Commission is not a rubber stamp agency and is not under any duty whatsoever to release the Register of Voters to Ebonyi State Independent National Electoral Commission for purposes of using same in the conduct of Local Government Elections in the 13 Local Government Areas of Ebonyi State, without availing the plaintiffs and members of the public with the extant Law or Laws, if any meant to regulate the said exercise.
“That the Independent National Electoral Commission for itself, its agents, servants,workmen etc are restrained from releasing the Register of Voters in Ebonyi State to the Ebonyi State Government and Ebonyi State Independent Electoral Commission for purposes of using same for the proposed Local Government Elections in the 13 Local Government Areas of Ebonyi State, pending the release and publication of the extant Law, etc meant to regulate the conduct of the said exercise to the plaintiffs and members of the public.”
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