The Kwara State Independent Electoral Commission (KWSIEC) and the Kwara State Government have accused the People’s Democratic Party (PDP) of plotting to block federal allocations to the state’s Local Government Areas through an application seeking to halt the September 21 LG election in the state.
KWSIEC lead counsel Joshua Usman, SAN, made the allegation in his counter-affidavit, which he orally argued before Justice Peter Lifu of the Federal High Court, Abuja, on Wednesday, September 11, 2024.
Justice Peter Lifu had granted the PDP’s ex-parte motion, temporarily barring the Independent National Electoral Commission (INEC) from releasing the national voters’ register to KWSIEC for the September 21 local government election in the state, pending the determination of the PDP’s substantive suit that accuses the state of alleged electoral malpractice and contempt of court.
Why This Matters
Since the Supreme Court’s verdict on LG autonomy, state governments have come under pressure to hold LGA elections.
- The Supreme Court verdict was aimed at strengthening local government autonomy and curbing corruption.
- The apex Court ruled that LG autonomy was pivotal for grassroots development and accountability, potentially empowering local governments to operate independently.
- Supreme Court had ordered the direct allocation of FAAC funds to 774 local government areas, bypassing state control.
- This means, that states without a democratically elected LG chairman, will not get federal government funding.
What transpired in Court
- At the resumed hearing, Usman and the legal teams representing the PDP, INEC, the Kwara Attorney General (AG), the Inspector-General (I-G) of Police, and the State Security Service (SSS) were granted leave to argue their positions regarding the planned LG election.
- Usman argued that the Notice of Election issued by KWSIEC was consistent with the provisions of the Kwara State Local Government Electoral Laws and a recent Supreme Court judgment on LG autonomy.
- He contended that the PDP had no legal basis to interfere with the performance of the constitutional duties of the government and its electoral body in conducting the proposed local government election in Kwara State.
- Usman argued that acceding to the PDP’s reliefs would render the Supreme Court’s order ineffective, as the state would be without a democratically elected Local Government Council.
This, he said, would result in “the Local Government funds from the Federation Account being withheld by the Federal Government, and the existence of the Local Government in the State being crippled against the dictates of the Constitution.”
“The planned Local Government Election scheduled by the 2nd and 3rd Defendants is in accordance with the Supreme Court judgment delivered on July 11, 2024, in SUIT NO: SC/CV/343/2024 BETWEEN ATTORNEY-GENERAL OF THE FEDERATION V. ATTORNEY-GENERAL OF ABIA STATE & 35 ORS, which mandates all Local Governments of the Federation to be governed or administered by a democratically elected Local Government Council immediately.
“The Supreme Court ordered immediate compliance with its decision in the said case, including the conduct of Local Government elections to usher in a democratically elected Local Government Council in the State,” Usman stated in his submission, urging the court to reject the allegation of contempt against KWSIEC, arguing that a pending case against the agency did not prevent it from fostering peace in the state.
More insights
The legal teams for INEC, the Kwara Attorney General (AG), the Inspector-General (I-G) of Police, and the State Security Service (SSS) aligned with Usman’s argument regarding the need to comply with the Supreme Court’s directive on LG elections.
However, the PDP’s lawyer, Ademola Abimbola, argued that the state agency did not maintain the status quo when the court temporarily halted the planned election, despite being served the enrolled order.
Abimbola contended that this development amounts to “contempt of court,” which should be resolved first.
After listening to the counsels, the judge ruled that the PDP’s contempt motion would be determined first.
“Ruling is hereby adjourned to September 17, 2024,” he said.
Since the Supreme Court’s verdict on LG autonomy, state governments have come under pressure to hold LGA elections.
