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A Civil Society Organisation under the aegis of Kingdom Human Rights Foundation, has dragged Governor Rochas Okorocha of Imo state before the Federal High Court in Abuja, over his alleged refusal to conduct local government elections in the state since 2011.


The group, in the suit marked FHC/ABJ/CS/692/2017, is seeking judicial interpretation to section 7 (1) and (6), and section 162 (3) (5) and (6) of the Constitution,   to determine if the   Federal Minister of Finance should not   be compelled to stop monthly statutory allocations from the federation account to the 27 local governments of Imo state, pending when local government election is conducted to restore democratically elected councils as provided for in the constitution of the Federal Republic of Nigeria 1999 (as amended).

Aside governor Okorocha, other defendants in the suit are the Minister of Finance, National Assembly, Imo State House of Assembly and Imo State Independent Electoral Commission.

Specifically, the plaintiff formulated the following questions for determination by the court:

“Whether or not the combined reading of sections 7 (1) & (6) (a), and 162 (3) (5) and (6) of the Constitution of the Federal Republic of Nigeria 1999 (as amended), the National Assembly of Nigeria should by law or by   resolution of each Houses of the National Assembly   published in the official gazette,   stop the monthly statutory allocations from the Federation Account   to the twenty seven local governments   of Imo State, pending when local government election is conducted in Imo state, to restore democratically elected local government councils guaranteed under the constitution in section 7 (1) of the 1999 Constitution.

“Whether or not in the circumstances, the avowed refusal of the 3rd and 6th defendants (Okorocha and Imo State Independent Electoral Commission) to conduct local government elections in Imo state, the National Assembly should  by law or by resolution of each Houses of the National Assembly published in the official gazette, direct the 1st defendant to forthwith stop the monthly statutory allocations from the Federation Account to the 27 local governments of Imo State, pending when the local government election is conducted in Imo State to restore democratically  elected councils guaranteed under the constitution.



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