Court to Rule on Alleged Abuse of LG Funds and Unlawful Sacking of Officials in Benue State

Justice P T Kwahar of the Benue State High Court in Makurdi has scheduled May 8, 2024, as the date for ruling on preliminary matters.

The case, filed by a private citizen, Sesugh Akume, seeks to address the alleged abuse of local government funds and the unlawful sacking of elected officials by Governor Hyacinth Alia, as well as the subsequent appointment of caretaker committees, which is deemed a violation of the 1999 Nigeria Constitution (as amended).

The applicant, Akume, argues that Governor Alia’s actions have left the local government system in disarray, with a lack of executive or legislative councils and a complete absence of governance.

The suit also emphasizes that the 1999 Constitution only recognizes democratically elected local government councils, and any attempt to remove or suspend these officials without due process is unconstitutional.

The court will determine five key issues, including the legality of suspending or removing elected local government officials, the constitutionality of appointing unelected local government officials based on section 7(1) of the 1999 Constitution, and the extent to which this court is bound by the decisions of the Supreme Court on this matter.

Additionally, the court will consider whether or not the actions of suspending the officials despite an order of a competent court to the contrary are constitutional, and whether or not the removal of the officials is not a coup d’etat.

The applicant’s legal representatives have submitted extensive documentation, including preliminary objections, counter affidavits, exhibits, and written notices, in support of their case.

They have also argued that Akume has the locus standi (the right to sue) in the matter as a concerned citizen and that the suit is a public interest suit in good faith, aimed at promoting local government autonomy and entrenching democracy at the local government level.

During the hearing, the court considered adjourning the matter for separate rulings on the preliminary issues raised by the respondents and another date for the judgement.

However, the court ultimately decided to proceed with the preliminary issues first and set a date for the judgement after addressing these matters.

As the case unfolds, it highlights the importance of upholding local government autonomy and respecting the constitutional rights of elected officials.

The outcome of this case will have significant implications for the future of local governance in Benue State and could serve as a precedent for similar cases across Nigeria.