A legal practitioner, Mr Obiekwe Nwakor, has in an Originating Summons asked an Umuahia High Court to declare unconstitutional, illegal, null and void the appointment by Governor Alex Otti of Abia State’s 17 Transition Chairmen and their Deputies and/or Mayors and Deputy Mayors or by whatsoever name so called as their appointment is in breach of Section 7(i) of the 1999 Constitution as amended.
Nwakor, in his petition listing Abia State Governor; Government of Abia State and the Attorney General of Abia State as 1st, 2nd and 3rd defendants respectively, urged the court to determine amongst others whether by Section 7(i) of the 1999 Constitution as amended if the Abia State Governor can run or continue to run the affairs of the 17 LGAs by means of Caretaker/Transition Committee of Chairmen/Deputy chairmen and/or Mayor/deputies instead of elected Chairmen/Council members.
In the suit with reference number Hu/512/ 2023, dated December 6, 2023, Nwakor, the sole plaintiff, further argued that various Supreme Court judgements : Eze vs Governor, Abia State , (2014) 14 NWLR (pt 1426) 192 (2014) 5-7 SC 17; And Governor, Ekiti vs Olubunmo (2017) 3 NWLR (pt 1551) guarantee the system of local governments by democratically elected government Council
He therefore prayed the court to declare that the appointment of Caretaker/Transition Committee Chairmen and/or Mayor/Deputy Mayors their Deputies or whatever nomenclature it was used for the 17 LGAs of Abia State by the 1st defendant (Otti) instead of democratically elected local government councils as undemocratic, illegal, unconstitutional unlawful, null and void.
He also urged the court for an order restraining the Governor or any person so appointed from being recognised or parade themselves as Mayors/Deputy Mayors.
Nwakor further sought an order of court mandating the 1st defendant (Otti) to, with immediate effect conduct a democratic election into the 17 LGAs.
No date has been fixed for the matter which was received by the court on December 6, 2023, and in which the defendants have 21 days to enter their defence.
