By Ogenyi Ogenyi,Uyo
A human rights cum pro-democracy group, Center for Human Rights and Accountability Network (CHRAN), has faulted Akwa Ibom Assembly over the formation of Local Government Transition Committees in the 31 Local Councils of the State.
The group in a statement yesterday in Uyo endorsed by its Director, Comrade Franklyn Isong and Secretary, Barr. Christopher Ekpo described the committees as illegal, unlawful and unconstitutional.
It would be recalled that Governor Umo Eno had in a letter to the Assembly complained that there was no provision in the 2023 budget for the conduct of LG elections, urging the Assembly to pass a resolution authorising him to set up interim administration at the 31 local government areas at the expiration of the tenure of the elected council officials on the 6th of December, 2023.
But in a position paper delivered by the CHRAN to the Assembly during a public hearing on a bill, the rights group frowned at what it called the “violation of Section 7 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) by the Government of Akwa Ibom State.”
It said that, “the Center is worried by Section 3 of the Bill, which seeks to amend Section 13 of the Principal Law by deleting Section 13 of the Principal Law in its entirety and replacing it with a new Section 13 on the ground that Sub-section 2 of the new Section 13 appears to have been already violated, considering that the term of office of the last holders of elective offices in the Local Governments in Akwa Ibom State expired on the 6th of December, 2023.
“The CHRAN views the current Local Government Transition Committees arrangement imposed on the 31 local governments in Akwa Ibom State by the State Governor, Pastor Umo Eno, on 7th December, 2023, as unlawful, illegal and unconstitutional considering the clear provision of Section 7 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended). Thus, that arrangement cannot qualify as “holders of that office” under Section 13(2) of the proposed amended AKISIEC Law.
“The CHRAN notes that the amendments sought by this Bill are aimed at bringing the Independent Electoral Commission Law, Cap.69, Laws of Akwa Ibom State, 2022 in line and in sync with the Electoral Acts, 2022 and the Constitution of the Federal Republic of Nigeria, 1999 (as amended). The Center views this as a watershed for democratic practice, good governance and due process.
“The Center observes the near absence of governance and development at the local government level in Akwa Ibom State despite tremendous increase of allocation to the 31 local government areas from the Federation Account Allocation Committee (FAAC) as a result of the removal of fuel subsidy.
“The Center had through a petition dated 27th February, 2024 and addressed to the Speaker of the Akwa Ibom State House of Assembly, Rt. Hon. Udeme Otong, called on the Akwa Ibom State House of Assembly to arrest the drift at the local government level and spur effective development at the grassroots level through an urgent legislative intervention by way of oversight through the House Committee on Local Government and Chieftaincy Affairs.”
The position paper however expressed hope that the Assembly would rise to the occasion and rescue the dying councils so that the amended Independent Electoral Commission Law would find the territorial bases for its application.
“The Center is optimistic that when this Bill is passed by the House of Assembly and assented to by the State Governor, it will be fully implemented by this administration and subsequent administrations for the timely conduct of the Local Government Elections in Akwa Ibom State.”
Meanwhile, the Assembly Speaker, who was represented by his deputy, Kufre Edidem, had, while reacting to the position of the CHRAN, insisted that the Assembly acted within its constitutional powers.
