The Counsel to the All Progressives Congress (APC) Chief Barr. Utum Eteng, has advised Cross River government to follow the laid down provisions in the 1999 amended constitution in conducting the local government elections in the state to avoid anarchy and confusion.
He also called on the Chief Judge of the state Justice Okoi Ikpi Itam to use his good offices as the Chief Law Officer of the state to advice the government and the Cross River State Independent Electoral Commission (CRSIEC) to stop further announcement on Radio/TV a date for the LG elections when the Court has not given judgement on a motion before it.
The tenure of the councils had expired since December 2016 as the state governor had directed Heads of administration in the 18 local government areas to take over pending the conduct of elections in April, this year.
The APC had dragged the state governor, Cross River government and others to court in a suit reference NO: HC/7/2017 on the appointment of local government election date with reference to the court.
In a petition dated January 25, 2017 addressed to the Hon Attorney- General and Commissioner for Justice, Eteng said “you know the subject matter of the originating summons bothers on the non-conduct of democratically elected council polls in the state 90 days to the expiration date of the last council. His Excellency and the Commission and or refused to conduct elections for reasons best known to them”.
According to him “pursuant to Section 195 of the 1999 constitution as amended, the issues before the court touches squarely on the failure of the government to observe the mandatory Section 7(1) of the constitution which guarantees the continuous existence forever democratically elected councils in Nigeria, Cross River inclusive”.
Therefore, he said, “as the state Chief Law Officer, you should advise the state government properly to observe the above provisions of the constitution, and Section 2 and 23 of the CRS local government Law 2007 as it is the issues pending before the High Court for determination”.
The state government, he added had failed to observe the provisions of Section 7(1) of the constitution or that of local government Law 2007.
He said” the governor , the state government or CRSIEC cannot announce an election date. It is the prerogative of the court during final judgement to fix the date for the council elections.
Eteng therefore request the Chief Judge t, Justice Okoi Ikpi Itam, “to use his good offices to prevail on the state government or whosoever is behind this taunt of the court to put an end to the exercise of the powers not vested on them now, otherwise we shall on our clients stead file contempt proceedings to force the observance of the rule of law”.
He queried ” why would the state government now rush to fixing a date for the elections when before the challenge, it claimed it has no money to conduct local government polls?”.
