The Federal High Court, Awka Division, has fixed November 13, 2024 for the hearing of a suit, seeking to compel the Governor of Anambra State, Professor Charles Soludo and three of his predecessors to account for the funds that accrued to the 21 Local Government Areas during their tenure.

The three former Governors joined with Soludo and others as defendants in the suit are Sen. Dr. Chris Nwabueze Ngige, Mr. Peter Obi and Chief Willie Obiano.

The suit filed by an activist, Dr Ifeanyichukwu Okonkwo, was earlier fixed for hearing on July 17, 2024, but it could not proceed as a result of the transfer of the presiding judge, Justice Hauwa J. Yilwa, from the Awka Division to the Abuja Division of the Federal High Court.

After the annual vacation of the Federal High Court, hearing notices were issued to the parties in the matter to appear in court on Thursday, September 26, 2024, but again, the matter could not proceed as scheduled, following the absence of the new judge, Hon. Justice Amina Aliyu Muhammad.

Although the plaintiff and the counsel to the defendants were present, Justice Muhammad was not in court and no reason was given for her absence.

Consequently , the parties after conferring with the court registry, agreed to return to the court on November 13, 2024, for the hearing of the matter.

Listed as 1st to 8th defendants respectively in the suit with no. FHC/AWK/CS/90/2024 are the Federal Republic of Nigeria, Governor of Anambra State, Attorney General and Commissioner for Justice, Anambra State and Anambra State House of Assembly.

Others are former governors, Ngige (2003-2006), Obi (2006-2014), Obiano (2014-2022), for themselves and on behalf of their transition chairmen and councilors, and Mr. Livinus Onyenwe for himself and on behalf of transition chairmen under Governor Soludo (2022 till date).

In the suit which he brought to the court through originating summons, the plaintiff requested for nine consequential reliefs/directing orders, premised on the interpretation of the previous judgment of the court in suit no. FHC/EN//CS/2005, delivered on September 26, 2006.

According to him, by running the councils with unelected officials, the defendants contravene both Section 7 of the 1999 Constitution of the Federal Republic of Nigeria (as amended) and a subsisting judgment of the same court, which declared that the Anambra State Government has no powers to appoint officials to govern the local government areas.

The former governorship aspirant maintained that having acted contrary to the constitution which they swore to uphold, Soludo, Ngige, Obi and Obiano should be barred by the court from contesting election or occupying public office or seeking for re-election under the 1999 Constitution of the Federal Republic of Nigeria.

Okonkwo requested for an order of court to compel the 2nd to 8th defendants to render public account before the court, of all funds, illegally expended by them or agents and privies, during their respective administrations, while executing their illegal and unconstitutional usurpation of offices at the local government council areas in Anambra State, by tampering with public funds, excluding salaries and allowances of local government council employees and workers expenditure.

The plaintiff equally asked for an order, directing the 1st, 2nd, 3rd, 4th and 8th defendant to publish before the Honourable Court, the FAAC Allocation to the respective 21 local government areas in Anambra State from 2006 to 2024.

Chief Okonkwo demanded, among others, for exemplary damages of N100 billion in his favour, against the 2nd to 8th defendants.

Meanwhile, the Attorney General and Commissioner for Justice Anambra State, Professor Sylvia Chika Ifejeme, a defendant in the matter, has entered a Memorandum of Appearance and preliminary objection on behalf of Governor Soludo and all the other defendants, including the three former governors.

Professor Ifejeme asked the court to dismiss the suit for its lack of jurisdiction to entertain the matter, adding that the suit is incompetent and should be dismissed.

It will be recalled that Okonkwo had early this year dragged Soludo, Ngige, Obi, Obiano and the four other parties to court for running the affairs of the 21 local government areas in the state with caretaker/transition committees, contrary to the 1999 Constitution of Nigeria (as amended) and a subsisting court judgment.

The matter was pending in court before the Federal Government through the Attorney General of the Federation and Minister of Justice, Lateef Fagbemi SAN, sued the 36 State Governors over the issue of local government autonomy.

The Apex Court ruled in favour of the Federal Government, affirming the financial autonomy of the 774 local government areas in Nigeria.

The Supreme Court ruled that the Federal Government should henceforth pay allocations directly to democratically elected councils from the Federation Account. (New Telegraph)

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