•ACPN, DPC go to court
By Emma Chukwunyere
Special Correspondent, Enugu
Until recently, Enugu State Independent Electoral Commission (ENSIEC) held council elections every two years.
ENSIEC is authorised by law to conduct election into the offices of 17 council chairmen and councillors for 260 wards in the state.
Under former Governor Sullivan Chime council polls were held in December 2007, 2009, 2011, and 2013.
Reasons for caretaker committees
However, instead of holding election in December 2015, new Governor Ifeanyi Ugwuanyi chose caretaker committees in the 17 councils.
The decision is attributed to a lack of funds for election, caused by dwindling federal allocation as a result of the fall in oil price.
Stakeholders met at Government House, Enugu and approved the setting up of the caretaker committees pending the time money is allocated in the 2016 budget for the election.
Stakeholders gave the approval after Ugwuanyi briefed them on programmes and projects, including council polls, as the tenure of councils would expire on January 3, 2016.
He announced at the meeting that “in order to avoid a vacuum on January 4, 2016, the local government caretaker committees will be constituted and this is in keeping with the laws of Enugu State.
“Whatever we are doing will be in consonance with the Local Government Laws.”
The meeting was attended by political and opinion leaders, including Deputy Senate President, Ike Ekweremadu; Chime; former Information Minister, Nnia Nwodo; and former Power Minister, Barth Nnaji.
Ugwuanyi gave two reasons for postponing the election; the first is “the on-going local government staff audit and other reforms” through which the government wants to flush out ghost workers.
He reminded the audience that it was agreed at the last meeting of the State Caucus that “all activities towards the local government elections be put on hold to enable the committee handling the exercise conclude its assignment.
“It indeed appears to be a widely shared view among our people that it will be unwise and imprudent to conduct elections for new councils when this very important exercise has not been concluded.”
Ugwuanyi said the second reason is inadequate funds, as council election was not properly provided for in last year’s budget.
“We, therefore, expect to address this deficiency in the 2016 budget,” he explained.
Ekweremadu, Nnaji, and Nwodo led the people from their senatorial districts to approve the setting set up of council caretaker committees to avoid a vacuum at the end of the tenure of the current officials.
Ugwuanyi drew ovation after he summarised the achievements of his administration so far.
ACPN, DPC seek court nullification
However, the Allied Congress Party of Nigeria (ACPN) and Democratic People’s Congress (DPC) have sued Ugwuanyi to the Federal High Court, Abuja over the postponement of the election.
Joined in the suit are the chairman and members of the ENSIEC, federal attorney general, finance minister, federal accountant general, the Federation Accounts Allocation Committee, among others.
The grouse of the plaintiffs is “the willful and deliberate refusal of ENSIEC to conduct local government election in Enugu State.”
Among other reliefs, they are seeking declarations that
• The first defendant’s failure or neglect to conduct council election before the expiration of the tenure of chairmen and councillors on January 3 is illegal and unconstitutional.
• The first defendant is constitutionally duty bound to conduct council election before the expiration of the tenure of the chairmen and councillors on January 3.
• The neglect or failure of the first defendant to conduct council election is abdication of compulsory constitutional duty imposed under Paragraph 4, Third Schedule, Part II, B of the Constitution; and a breach of the oath of office of the chairman and councillors.
The plaintiffs also want an order restraining Ugwuanyi from appointing caretaker or transitional committees for the 17 councils, and if he appoints them before the suit is determined, an order should be made declaring the appointments and the dissolution of the councils as illegal and unconstitutional.
But the Nigeria Labour Congress (NLC), Trade Union Congress (TUC) and Joint Public Service Negotiating Council (JPSNC) have expressed support for the appointment of caretaker committees.
Labour backs caretaker committees
They made their decision known in a statement jointly signed by state NLC Chairman, Nwobodo Chuks; and TUC and JPSNC Chairman, Chukwuma Igbokwe.
Labour commended Ugwuanyi “for the decision to appoint caretaker committees for the Local Government Areas in Enugu State pending the conclusion of the on-going staff audit.”
It pointed out that council system in the state has “failed woefully in service delivery and provision of dividends of democracy to the grassroots” and expressed support for any government policy aimed at cleansing the rot before constituting a new council administration.
The unions urged Ugwuanyi not to compromise merit in the appointment of the caretaker committee members and charged him to remain resolute in his effort to “recover any public fund misappropriated by any public officer in the local government system.”
They implored the government to “provide good governance, sustainable development, economic growth, and healthcare delivery to the good people of the state as encapsulated in the four-point agenda.”
The state chapter of the Inter-Party Advisory Council (IPAC) – the umbrella organisation of all political parties in the country – has also endorsed the council caretaker committees due to the staff audit and other reforms as well as inadequate provision in the current budget.