Barr. Enyinna Onuegbu & Ors V. Attorney-general Of Imo State & Ors (2012)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

UWANI MUSA ABBA AJI (PJ) J.C.A: (Delivering the Leading Judgment)

This appeal is against the decision of the High Court of Imo State, Owerri presided over by Hon, Justice B. A. Njemanze, Chief Judge Imo state delivered on the 3rd day of August , 2011 in Suit No. HOW/312/2011, whereby the plaintiffs/Appellants as Claimants on the 10th day of June, 2011 by way of originating summons, posed the following five (5) questions for determination by the Court, to wit:-

(i) WHETHER by the combined provisions of Section 7 (1) of the 1999 constitution of the Federal Republic of Nigeria (as amended) and section 23(1) of the Imo State Local Government Administration Law No. 15 of 2000 (as amended), the 2nd Defendant by himself or through any person acting on his behalf has the competence or power to dissolve democratically elected Local Government Councils in Imo State in respect of which the Claimants are Chairmen, through the 2nd Defendant’s maiden broadcast to the Imo people made on 6th June, 2011.

(ii) WHETHER pursuant to section 7 (1) of the 1999 Constitution (as amended) and Section 23 (1) of Local Government Administration Law No. 15 of 2000 (as amended), the 2nd Defendant by himself or through any person acting on his behalf has the competence or power to set up Transition Committees or direct any person to replace the Claimants who respectively are the democratically elected Chairmen of the 27 Local Government Councils in Imo State.

(iii) WHETHER having regard to Section 7 (1) of the 1999 Constitution (as amended) and Section 23 (1) of the Imo State Local Government Administration Law No. 15 of 2000 (as amended), the 3rd Defendant has the competence and power to confirm, approve, affirm or endorse the purported dissolution of the Local Government Councils in Imo State or any purported Transition Committee or Transition Committees purported to be constituted by the 2nd Defendant to replace the Claimants as the democratically elected Chairmen of the 27 Local Government Council in Imo State.

(iv) WHETHER the purported dissolution of the Local Government Councils by the 2nd Defendant wherein the Claimants are the democratically elected Chairmen on alleged ground of corruption and indiscipline without giving the Claimants a hearing is not in breach of Section 33 of the 1999 Constitution (as amended).

(v) WHETHER having regard to Section 7 (1) of the 1999 Constitution (as amended) and Section 23 (1) of the Imo State Local Government Administration Law No. 15 of 2000 (as amended), the 4th Defendant consequent upon the purported dissolution of Local Government Councils in Imo State by the 2nd Defendant, has the competence or power to organize or hold Local Government Council election in Imo state to replace the Claimants as democratically elected Chairmen of the 27 Local Government Councils in Imo State.

The plaintiffs now Appellants sought the following reliefs:-

(i) A declaration that by the combined provisions of Section 7 (1) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) and Section 23 (1) of the Imo State Local Government Administration Law No. 15 of 2000 (as amended), the 2nd Defendant by himself or through any person acting on his behalf has no competence or power to dissolve the democratically Elected Local Government Councils Imo State wherein the claimants are the respective Chairmen through his maiden broadcast to the Imo people made on 6th June, 2011.

(ii) A declaration that pursuant to section 7 (1) of the 1999 Constitution (as amended) and Section 23 (1) of the Local Government Administration Law No. 15 of 2000 (as amended), the 2nd Defendant by himself or through any person has no competence or power to set up or constitute Transition Committees to replace the Chairmen who are respectively the democratically elected Chairmen of the 27 Local Government Councils in Imo State.

(iii) A declaration that having regard to section 7 (1) of the 1999 Constitution and section 23 (1) of the Imo State Local Government Administration Law No. 15 of 2000 (as amended), the 3rd Defendant has no competence or power to confirm, approve, affirm or endorse the purported dissolution or any purported Transition Committee or Transition Committees purported to be set up or to be constituted by the 2nd Defendant to replace the Claimants as democratically elected Chairmen of the 27 Local Government Councils in Imo State.

(iv) A declaration that by virtue of the provisions of section 23 (1) of the Local Government Law No. 15 of 2000 (as amended), the claimants have a guaranteed tenure of two years in office as democratically elected Chairmen commencing from the date of inauguration on 9th August, 2010.

(v) A declaration that the claimants are still the democratically elected Chairmen of their respective Local Government Councils until when their tenure of office expires.

(vi) A declaration that having regard to Section 7 (1) of the 1999 Constitution and Section 23 (1) of the Imo State Local Government Administration Law No. 15 of 2011 (SIC) (as amended) the 4th Defendant has no competence or power to organize or hold any Local Government Council election to replace the claimants as democratically elected Chairmen of the 27 Local Government councils in Imo State consequent upon the purported dissolution of Local Government councils in Imo State by the 2nd Defendant.