Sesugh Akume v. Governor of Benue (1): A Lawsuit Challenging Delay Of LG Poll

Mr. Sesugh Akume, former House of Representative candidate of the Abundant Nigeria Renewal Party for Sankera, Benue State, has filed an application for interpretation suit against Governor of Benue State, the Benue State Attorney General and Commissioner for Justice, the Speaker Benue State House of Assembly, and the Benue State Independent Electoral Commission.

The suit read in full:

IN THE HIGH COURT OF BENUE STATE

IN THE MAKURDI JUDICIAL DIVISION

HOLDEN AT MAKURDI

SUIT NO:……………….…………..….2019

IN THE MATTER OF AN APPLICATION FOR:

THE INTERPRETATION OF

SECTION 147 OF THE LOCAL GOVERNMENT LAW 2012 OF BENUE STATE, SECTION 6 AND 15 OF THE ELECTORAL LAW OF BENUE STATE

2002, SECTION (60) OF THE BENUE STATE INDEPENDENT ELECTORAL COMMISSION LAW, SECTIONS 4 & 7 OF THE CONSTITUTION OF

THE FEDERAL REPUBLIC OF NIGERIA 1999 (AS AMENDED), SECTION 25 AND 30 OF THE ELECTORAL ACT 2010 AS AMENDED AND ARTICLE 21 (3) 0F THE UNIVERSAL DECLARATION OF HUMAN RIGHTS.

BETWEEN

Mr. Sesugh Akume CLAIMANT

AND

1. Governor of Benue State
2. The Attorney General and Commissioner

for Justice, Benue State

1. The Speaker, Benue State House of ˃ DEFENDANTS

Assembly

1. Benue State Independent Electoral

Commission (BESIEC)

ORIGINATING SUMMONS

BROUGHT PURSUANT TO ORDER 2 RULE 6 OF THE CIVIL PROCEDURE RULE AND UNDER THE INHERENT JURISDICTION OF THIS COURT

TO:

1. Governor of Benue State
2. The Attorney General and Commissioner for Justice, Benue State
3. The Speaker, Benue State House of Assembly

4. The Benue State Independent Electoral Commission (BESIEC)

LET:

1. Governor of Benue State
2. The Attorney General and Commissioner for Justice, Benue State

3. The Speaker, Benue State House of Assembly

4. The Benue State Independent Electoral Commission (BESIEC), Makurdi

Within ………………….. days of service of this ORIGINATING SUMMONS on them inclusive of the day of such service, cause an appearance to be entered for them to this ORIGINATING SUMMONS which is issued upon the application of MR. SESUGH AKUME seeking the determination of the court on the following questions and the following reliefs;

1. WHETHER upon the true and proper construction of Section 147 of the Local Government Law 2004, the said law does not contravene Sections 4 and 7 OF CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA 1999 (AS AMENDED) and Article 21 (3) of the Universal Declaration of Human Rights.

1. WHETHER upon the true and proper construction of SECTION 6 OF THE ELECTORAL LAW CAP 102 LAWS OF BENUE STATE 2004, the law does not contravene Sections 4 and 7 OF THE CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA 1999 (AS AMENDED) and Section 25 and 108 (3) of the Electoral Act, 2010 as amended.

1. WHETHER upon the true and proper construction of SECTION 15 OF THE ELECTORAL LAW CAP 102 LAWS OF BENUE STATE 2004, the law does not contravene Section 30 of the Electoral Act, 2010 as amended.
2. WHETHER upon the true and proper construction of SECTION 60 of the Benue State Independent Electoral Commission (BESIEC) LAW OF BENUE STATE 2004, the law does not contravene section 25 of the Electoral Act, 2010 as amended.

PRAYERS

1. If the answer to paragraph 1 above is that Section 147 of the Local Government Law is inconsistent with Section 4 and 7 of the Constitution of the Federal Republic of Nigeria and Article 21 (3) of the Universal Declaration of Human Rights, THEN AN ORDER expunging the provision in the said law as well as declaring illegal, null and void any appointment made relying on or reflecting the provision of the said law by any of the Defendants or their agents.

1. If the answer to paragraph 2 above is that Section 6 of the Electoral Law of Benue State is inconsistent with Sections 4 and 7 OF THE CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA 1999 (AS AMENDED) and Section 25 and 108 (3) of the Electoral Act, 2010 as amended, THEN AN ORDER OF THIS HONOURABLE COURT declaring Section 6 of the Electoral Law inconsistent Null and Void, and directing the 3^rd Defendant to make full and an unambiguous provisions of the law that would give predictable and precise time frames for the conduct of Local Government Elections as contemplated by the Constitution as well as to reflect the spirit of the Electoral Act, 2010 (as amended).

1. If the answer to paragraph 3 above is that Section 15 of the Electoral Law of Benue State is inconsistent with Section 30 of the Electoral Act 2010 as amended, then an ORDER of this Court that the 3^rd Defendant add the necessary provision or wordings that could guarantee specifically, when notice to elections into the Local Government and the processes thereof could commence.

1. If answer to paragraph 4 above is that Section 60 of the Benue State Independent Electoral Commission Law is inconsistent with Section 25 of the Electoral Act 2010 as amended, then an ORDER of this court that the 3^rd Defendant amend or make the necessary provision that should guide the commission in choosing such a date to reflect the spirit of the constitution and ensure uninterrupted transitional democracy at the Local Government level.

1. SUCH FURTHER OR OTHER RELIEFS as the HONOURABLE COURT may grant in the interest of justice.

DATED THIS……………..DAY OF …………………………………………2019

…………………………………………………….

REGISTRAR

This ORIGINATING SUMMONS was taken out by MOSES LUBEM UKPO ESQ. of M. LUBEM UKPO and ASSOCIATES of NO. 7. New Bridge Road, Makurdi, BENUE STATE.

………………………………………………………

M. L. UKPO, ESQ.

Claimant’s Counsels

The Defendants may appear hereto by entering appearance personally or by a legal practitioner, either by handing in the appropriate forms, duly completed at the Registry of the High Court of Benue State, Makurdi or by sending them to the Registrar by registered post.

NOTE: If the Defendants do not enter appearance within the time and at the place above mentioned, such orders will be made and the proceedings may be taken as the Judge may think just and expedient.

IN THE HIGH COURT OF BENUE STATE

IN THE MAKURDI JUDICIAL DIVISION

HOLDEN AT MAKURDI

SUIT NO:……………….…………..….2019

IN THE MATTER OF AN APPLICATION FOR:

THE INTERPRETATION OF

SECTION 147 OF THE LOCAL GOVERNMENT LAW 2012 OF BENUE STATE, SECTION 6 AND 15 OF THE ELECTORAL LAW OF BENUE STATE

2002, SECTION (60) OF THE BENUE STATE INDEPENDENT ELECTORAL COMMISSION LAW, SECTIONS 4 & 7 OF THE CONSTITUTION OF

THE FEDERAL REPUBLIC OF NIGERIA 1999 (AS AMENDED), SECTION 25 AND 30 OF THE ELECTORAL ACT 2010 AS AMENDED AND ARTICLE 21 (3) 0F THE UNIVERSAL DECLARATION OF HUMAN RIGHTS.

BETWEEN

Mr. Sesugh Akume CLAIMANT

AND

1. Governor of Benue State
2. The Attorney General and Commissioner

for Justice, Benue State

1. The Speaker, Benue State House of ˃ DEFENDANTS

Assembly

1. Benue State Independent Electoral

Commission (BESIEC)

CLAIMANT’S AFFIDAVIT IN SUPPORT OF

THE ORIGINATING SUMMONS

I, Sesugh Akume, male, adult, Christian, businessman, Nigerian citizen of Akume Ugba Estate, Ugba, Logo Local Government, Benue State doth make oath and swear as follows:

1. That I am the claimant in this case and by virtue whereof I am conversant with the facts deposed herewith.

1. That the defendants in this case are the government and agents of the government of Benue State.

1. That I registered as an Eligible Voter/Electorate at Ugba. My Polling Unit is Akume Ugba, Code 12-04-001, with Voter’s Card Number 07-12-04-001.

1. That I have read the constitution of the Federal Republic of Nigeria 1999 (as amended) together with other legislations including the Electoral Act, the Benue State Electoral Law, the Local Government Law of Benue State, and witnessed some abnormalities in the laws.

1. That consequent upon the discovery of these abnormalities, I approached my Counsel, Lubem Ukpo, Esq. for explanation and appreciation of the contradicting sections and he told me, and I verily believe, that some provisions of the laws are inconsistent or at variance with the Constitution of the Federal Republic of Nigeria.

1. That also, I have being severally deprived of my right to democratically participate in the process of electing the local Government officials of my Local Government (Logo) as elections for these positions are not conducted as and when due.

1. That the entirety of the Local Government Law does not make mention of elections into the Local Government Law but rather is quick to jump at empowering the Governor to appoint Executive Chairman/Committee if “elections can not be held FOR WHATEVER REASON”.

1. That the Electoral Law of Benue State provides for a date of election to be appointed by the Commission without further provision of predictable time frame for such election before the expiration of tenure of the incumbent officials, including notice of such elections.

1. That the Defendants at various times, jointly and severally conspire to appoint their cronies as Transition/Caretaker Committees or Sole Administrators howsoever called, thereby denying me the right to participate in the electoral process of Governance at the Local Government level.
2. That as a Citizen, eligible to run for office at the Local Government level and as an Electorate, the actions of the Defendants jointly and severally of appointing Transition/Caretaker Committees or Sole Administrators howsoever called, has exposed me to injustice and deprivation.

1. That if the action (or inactions) of the Defendants are allowed to continue, it will occasion continuing breach, deprivation and denial of my rights.

1. That I make this oath conscientiously, believing same to be true and in accordance with the Oaths Act 2004 as amended.

…………………………………………….

DEPONENT

SWORN TO at the Registry of the High Court of Benue State, MAKURDI

THIS ……………DAY OF …………………………………..2019

BEFORE ME

………………………………………………………………

COMMISSIONER OF OATHS