October 06, (THEWILL) – The initial applause that greeted the April 11,2024 Supreme Court judgement on local government financial autonomy, as a means to usher democratic governance at the grassroots, has suffered a setback as affected states conduct local government polls.
With the October deadline set by the Federal Government and the Governors Forum for conducting democratically elected local government elections in mind, 20 states that have been systematically violating Section 7 (1) of the Constitution, which declares: “The system of local government by democratically elected local government councils is under this Constitution; and accordingly, the Government of every State shall, subject to section 8 of this Constitution, ensure their existence under a Law which provides for the establishment, structure, composition, finance and functions of such councils…” have started to put the machinery in place to fulfil the apex court ruling. They are Anambra, Bauchi, Benue, Plateau, Abia, Enugu, Imo, Katsina, Kano, Sokoto, Yobe, Ondo, Osun, Delta, Akwa-Ibom, and Cross River. Others are Rivers, Sokoto, Zamfara and Kwara.
As of the time of going to press, Bauchi, Borno, Delta, Enugu, Gombe, Kebbi, Kwara, Imo, Anambra, Sokoto, have already conducted elections, which opposition parties have described as mere rigging of candidates of the ruling party into office. Eight others have fixed polls for October: Benue, Akwa Ibom, Jigawa & Rivers (October 5), Plateau (October 9), Kaduna (October 19), Kano (October 26), and Cross River (October 26).
Eight states have extended their poll date, either for legal reasons whereby the tenure of elected LGA officials is yet to expire or for mere convenience. For example, Nasarawa State has fixed Nov 2 for the conduct of its poll because the tenure of its 13 LGA and 147 councillors ends on October 7, 2024.
Similarly, Katsina State, which has extended the tenure of its elected Council officials by six months, has fixed its election for February 15, 2025. Ogun, where the tenure of elected council officials ended in July, 2024, has set November 16, 2024 for the LGA polls.
Abia, where appointed Chairmen popularly known as Mayors, had been in office, will hold council polls on November 2. Understandably, Ondo, where a governorship poll comes up on November 16, has shifted the conduct of the LGA poll to January 18, 2025. Osun has fixed its poll for February 2, 2025.
ISSUES AT PLAY
In their rush to conduct LGA polls and meet the timeline as conditions for assessing the statutory federal allocations for their councils, many states are violating legal and constitutional provisions that may make the Supreme Court ruling a legal anti-climax.
Following the Supreme Court judgement on July 11, 2024, which granted financial autonomy to local government councils, the Federal Government and state governors agreed to a three-month timeline within which elections must be democratically held in the local government areas. Or else, the states risk losing the monthly allocations to LG based on the apex court inspired, “no elected LGA officials, no allocation.”
The National Chairman of the Inter Party Advisory Council of Nigeria, IPAC, Alhaji Yusuf Dantalle thinks the LGA polls conducted so far in many states are a mockery of democracy, however they may be seen as a welcome development.
“The most outrageous part of it all is nomination fees imposed by state electoral commissions. This is neither part of the electoral requirement, nor is it in the Electoral Act,” he told THEWILL in a brief interview on Friday, querying, “How can you impose a fee of N10 million for the position of Chairman and N5 million for Deputy and N2 million on Councillorship position if the intention in not to shut the door against rivals?”
“There should be some minimum standard allowed when it comes to the conduct of elections and announcement of results. But no, the State Electoral Commissions, SIECs, so far have been perpetuating fraud in the release of results. Take for example what happened in Imo State where only names were announced or in Anambra where the government is using the House of Assembly to perpetuate electoral fraud.”
In the declared results of elections held in the states across the country so far, the governing party won all Chairmanship, Deputy Chairmanship and Councillorship seats, leaving other parties with nothing. Some opposition parties have already filed cases in court to challenge the election.
Professor Okey Ibeanu of the University of Nigeria, Nsukka, told this newspaper in an earlier interview that though the apex court ruling is a “star judgement” that is good for democracy, its value will be “completely lost if State Independent Electoral Commissions, SIECs, are not also “rescued” from state governors. SIECs are now their only remaining route to perpetuating the illegalities that the Supreme Court dealt with in its judgement.”
Responding to the illegality allegedly perpetuated in Anambra State as referenced by Alhaji Dantalle and amplified by federal lawmakers, namely, Senator Tony Nwoye, George Ozodinobi, Reps Afam Ogene, Idu Emeka, and Anekwe Peter, last Thursday, to the effect that Governor Charles Soludo’s Local Government Administration Law 2024 contains provisions in Section 13 that provides for State Joint Local Government Account, quite contrary to the apex court judgement, the Commissioner for Information, Dr Law Mefor, said both the lawmakers and the IPAC National Chairman, are mistaken.
He told THEWILL on Friday that though he also knew about the lawmakers grouse from news reports and is yet to see or read the law referred to by them, he thinks the local government poll that took place on September 29, 2024 was conducted in accordance with the law.
Mefor said, “The Anambra LGA poll was conducted under a law. A law that set election timetables. Even the ANSIEC gave 48 days’ notice more than the required 30 days as stipulated by law. It is incorrect to say Anambra conducted an election because of the Supreme Court judgement. Governor Charles Soludo promised during his campaign for the governorship position in the state that he would conduct LG council elections. That he has done. Former Governor Peter Obi conducted an election when he was about to leave office, which means he did not rule Anambra with elected councils, His successor, Willie Obiano did not conduct any. Governor Soludo has stayed just two years in office, and he has fulfilled his campaign promise. So, everything was done under the law in a transparent and fair manner, passing all integrity tests. Anybody who believes it was done outside any law can go to court.”
ANOTHER ASPECT IN RIVERS STATE
While the foregoing states that have conducted their LG polls have done so peacefully, though in perceived controversial circumstances, the LGA poll that held in Rivers State on October 5, 2025, unlike similar ones holding on the same day in Benue and Akwa Ibom States, have the undertone of political volatility attached to it.
The law, naked display of power and potential violence were already at play ahead of the poll. The warring parties are divided on the conduct of the election. Governor Siminalayi Fubara who vowed that the poll would hold as planned, rested his case on a court ruling, while the opposition flaunted a Federal Court ruling they claimed is fresh, that has stopped the poll.
Lawyers, political parties, lawmakers, elders and youths were on both sides of the divide, leaving the state even more polarised since the supremacy battle between the governor and his predecessor and FCT Minister, Nyesom Wike started in October 2023.
THE CAUSE OF TROUBLE
The Federal High Court, Abuja on Monday, September 30, restrained the Independent National Electoral Commission (INEC) from releasing the voters’ register to the Rivers State Independent Electoral Commission (RSIEC) to conduct the October 5, 2024, local government election in the state.
Justice Peter Lifu also barred the Inspector-General of Police (IGP) and the Department of the State Services (DSS) from providing security for the poll.
Earlier, a Rivers State High Court had ordered security agencies, including the Nigeria Police Force (NPF), to provide adequate security and ensure the maintenance of peace, law and order during and after the election.
The court also ordered RSIEC to conduct the election, using the National Register of Voters for the 2023 General Election compiled by the Independent National Electoral Commission, INEC.
According to Fubara and his party, the Abuja Federal High Court judgement did not stop the poll from being held.
“Everybody is aware of the court judgment and even the judgment as they call it. Did the ruling specify anywhere that the election should not be held? It said don’t give voters register. What are we doing with it? Okay, police don’t provide security. Is it the same thing as blocking the election? Fubara said.
“Did Lifu, the Justice that gave that fraudulent judgment, say no election? Rather he tactically said don’t provide security. We don’t need your security. We will provide our own security. After all, it happened during the Anambra election,” he added.
The governor vowed that the election would be held, and the winners will be “sworn in.”
The opposition was led by former President of the Nigerian Bar Association, Onueze C. Okocha, a Senior Advocate of Nigeria, SAN, and Minority Leader in the House of Representatives, Hon. Kingsley Chinda. According to Okocha, the September 30, Federal High Court ruling is the final judgement which preceded the State High Court judgement that okayed the election.
“The final court judgement called on all parties concerned, the INEC, State SIEC, Attorney-General of the State, Inspector-General of Police, the Department of State Security, DSS. Justice Lifu’s judgement is the latest that all parties ought to be bound with. The seventh prayer restrained INEC from releasing the voters register and police from providing security for the election of October 5. So, who is saying the court did not stop the election?”
Another Senior Advocate of Nigeria, SAN, Jibrin Okutepa on Friday disagreed with Okocha. He faulted the Federal High Court ruling on the grounds of what he referred to as judicial independence free from interference by politicians. Taking to his X account Okutepa, said, “Section 1 of the 1999 Constitution makes the Constitution supreme and binding on all persons, including Nigeria Courts.
“Section 287 (1) further stipulates that decisions of the Supreme Court, whether rightly or wrongly decided, cannot be questioned or ignored by any court or individuals in Nigeria: they can only be criticised.”
He wondered why some judges continue to issue orders restraining INEC from releasing electoral materials to SIEC, thereby obstructing local government elections despite the Supreme Court ruling.
However, the Police Command in the state, in its reaction, said its personnel would not provide security for the election in the state. The spokesperson of the Command, SP Grace Iringe-Koko, said the action follows a Federal High Court judgment delivered on September 30, 2024, which prohibits the Nigeria Police Force from participating in or providing security for the election.
According to Iringe-Koko, the Rivers State Police Command was advised by the Legal Department of the Nigeria Police Force to comply with the court order.
Indeed, the two major political parties, the PDP and APC have divided the state and they continue to issue conflicting statements for and against the poll. The PDP faction that is loyal to Wike, led by Dr Eron Chukwuemeka, said the party would not participate and urged supporters to shun the poll. But another factional leader of the party loyal to Governor Fubara, Dr Robinson Ekwor, called on members to contest and vote. The same was true of the APC. The faction led by Tony Okocha said the party would not participate, while the faction led by Emeka Beke, who is loyal to former Transportation Minister, Rotimi Amaechi, supports the election.
Surprisingly, the National Working Committee of the PDP on Friday night threw its weight behind Governor Fubara and directed its members to participate in the poll. The National Publicity Secretary of the party, Debo Ologunagba, said, among others, “For the avoidance of doubt, Section 84 (15) of the Electoral Act, 2022, provides that “Nothing in this section shall empower the courts to stop the holding of primaries or general elections under the Act, pending determination of the suit.”
RSIEC Chairman, Justice Adolphus Enebeli, retd. cited a ruling by the State High Court mandating the commission to continue the election, adding that 18 out of 19 political parties would participate in the poll.
THE REAL PICTURE
Beneath all these talk about constitutionality, legality and protest for and against the conduct of the poll, was the political aspect which is about who between Fubara and Wike, controls the political structure in the state, particularly at the grassroots, ahead of the 2027 general election, the chief source of struggle between them since October last year.
For Fubara, all “his men”, meaning the caretaker committee chairpersons, moved into the Action Peoples Party, APP, to contest council polls. A dependable government source confirmed the development anonymously to THEWILL but absolved the governor of any involvement in the defection.
He said, “You are a journalist. So, you can do your reporting. But the truth is that the PDP had names for the planned congresses that were submitted to the NWC. They accepted the list and kept it, saying the NWC cannot approve it without approval of the National Executive Committee, NEC. Up till date, there is no confirmation of that list because they said they are respecting a court judgement that stopped them from conducting a congress. So, ask me which party executive will give an order for party members to defect to another party.?”
Investigation, however, showed that the defectors would likely retrace their steps to the PDP after “their victory at the poll successfully conducted by RSIEC.”
WAY FORWARD
Apart from his advocacy for the rule of law in the conduct of polls, Dantalle said SIEC should be scrapped.
“SIEC is evil, it must be scrapped if we must have democracy at the grassroots, where the most important tier of government closer to the people operates. They are there to do the bidding of state governors.
“Our judiciary must stop giving contradictory judgements on election matters. In the ongoing case in Rivers State, for instance, the courts are giving contradictory rulings when they know they do not have the power to stop an election from being held; It is a constitutional matter.”
According to Prof Obienu, to release SIEC from control of governors, “funding of SIECs must be charged to the Federation Account and released directly to them. The public must be involved in screening nominees by providing character references and the power of SIECs to hire and fire staff must be guaranteed.”
Okutepa, SAN, said that Judges should remain impartial and free from political influence, making decisions solely based on facts and legal arguments. In any nation where the rule of law prevails, he contested, judges must be independent. They should not be seen to be partisan or tools for politicians.
Amos Esele is the Acting Editor of THEWILL Newspaper. He has over two decades of experience on the job.
