There are very strong indications that the planned 14 July, 2018 Local Government Elections in Imo may not after all hold if the recent motion filed by the democratically elected local Government Chairmen, Councilors and LG political Office holders who still claim that they ire in office is anything to go by.
Documents made available to our judicial desk confirmed that the elected LG Chairmen Councilors and others who were purportedly sacked by the Rescue Mission Government of Owelle Rochas Okorocha are praying the Supreme Court for an interim Injunction restraining he State Government from tempering with the Courts earlier directive of maintaining res in the case before it.
In a motion filed by Ngozi Olehi Chambers, Counsel to the Applicants (Elected LG chairmen, Councilors and others) they are praying the Court for Interlocutory injunction, restraining the State Governor and his agents and aides from disbursing any LG Statutory funds without the elected chairmen, Councilors and others and to restrain the State Governor and the State Independent Electoral Commission (ISIEC) from tampering with the subject matter of the appeal in any manner whatsoever or by planning to hold or conduct Local Government Elections into the 27 Local Government Councils in Imo, pending the hearing and determination of Appeal on No SC/537/2016 pending before the Supreme Court.
The Applicants argued that if the Respondents are not restrained, the Statutory entitlements of the Local Government Council will be frittered away, their economic operations in respect of their functions under the fourth schedule of the 1999 constitution (as amended) will not be discharged by them or those who will legitimately take over from them.
They argued further, that if the Respondents are not restrained, they will continue to show disrespect to the Honourable Court by ignoring the pendency of the Appeal, but will prolong the agony of the people caused by persistent mismanagement of Local Government Funds and posited that since there have not been any democratically elected Local Government Council Officers that have been sworn-in since June 2011 till date, there have not been any constitutional replacement of themselves and indeed, there cannot be until this Appeal is heard and determined by the Honourable Court.
On the last sitting of the case on 23rd April, the Court directed both parties in the presence of the Attorney General of the State, not to tamper with the case till next adjourned date of 3′d December, 2018.
In a 22-paragraph affidavit sworn-in to by one of the Applicants, they recalled that on 23′d day of April 2018 when the Appeal was last heard, the Counsel to the Applicants informed the Honourable Court that the Respondents were beginning to tamper with res in the Appeal by making frantic efforts to conduct LG Elections, and the presiding Justice warned them not to do so n the presence of Counsel to both the T and 4th Respondents – the State Government and Imo State Independent Electoral Commission (ISIEC), but surprisingly, in complete disregard to the warning of the Court, both the 1st and 4th Respondents have sold out forms for elections and just conducted primaries to the position of LG Chairmanship last week Saturday.
They said this is the cause of the motion before the Court and that the motion is in good faith, believing same to be true and in accordance with the Oaths Act, 2004.
It could be recalled that this case is as a result of announcement made by Governor Rochas Okorocha on 6th of June 2015 few days after he was sworn-in as Governor, purportedly sacking the democratically elected LG Chairmen, Councilors and others which prompted them to go to a State High Court in the State for which the case went to the Appeal Court and now at the nation’s apex Court, Supreme Court.
The case was adjourned to December 3”d 2018, but when the Applicants observed that the Respondents were planning to breach the directive, by planning to hold LG elections on 14th July, 2018, the Applicants decided to file a Motion on Notice, to remind the Court that their directive is being threatened by their action.
