LG Elections Conducted Without 6 Months Notice Would Face Nullification By Courts,  Says Fagbemi, AGF  ...C'River Council Polls To Be Challenged 

Abdul SULE (ABUJA)

Committed to enthroning sanity at the third tier level of governance, the Attorney General of federation and Minister of Justice, Lateef Olasunkanmi, SAN, has stated that any state Governor who failed to give six months notice before conducting local government elections will face nullification in courts.

State Governors across the country have been in a late minute rush to conduct local elections without recourse to the law setting up election maters just to o meet up with alleged three months moratorium. 

While some state gave up to four months notice before the council polls, a good number of Governors gave between three weeks and one month notice to election while some  State House of Assemblies  amended the  Local Government Laws to suit their masters political whims and caprices. 

Reacting to the frenzy by Governors to conduct local elections as well as on Supreme Court's ruling on local government autonomy at the 12th convocation of Afe
Babalola University, Ado-Ekiti recently, the Attorney General of the Federation and Minister 
Chief Lateef Olasunkanmi Fagbemi,SAN, stated that  there is no truth to reports suggesting that state
governors had been granted a three-month moratorium to delay the implementation of
the court's decision.

Fagbemni said: "The ruling ensures the financial autonomy of all 774 local governments" pointing out that " some state governments have scheduled local elections beyond the October deadline and may face legal challenges if their actions do not align with the law.

"Typically, six months' notice is required for elections, and failing to meet this condition
could result in nullification by the courts," he said.

Cross River state PDP May Challenge outcome of LG elections

There are indications that the outcome of Cross River local elections to be conducted by CROSIEC may be challenged in competent courts to taste the law once again.

In statement posted on his Facebook wall captioned, 'Nightmare of the Governors',  the Cross River State Peoples Democratic Party (PDP) Chairman, Venatius Ikem, Esq, 
said: "No law of the House of Assembly of a state can validly interfere or deal in any manner with money distributed to local government council from Federation Account  as stated in Justice Emmanuel Akomaye Agim, JSC., in Attorney General of the Federation Vs Attorney-General of Abia State & 35 others." 

According to Ikem, " the era of  Government House Calabar  capturing local government money of over N6 bn monthly is over.

"The Supreme Court also held affirming it's earlier judgement in Ajuwon Vs Gov of Oyo State that. A democratically elected local government council does not exist at the pleasure of, whims and caprice of either the governor or the House of Assembly. 

"The misconception by the state authorities that the Constitution does not intend to grant and guarantee autonomy to the local government is only a brainwave nurtured by sheer aggrandizement and megalomaniac instinct to conquer and make the local government mere parastatals of the state. 

"All those percentage deductions for RUDA, rural Electrification, Sports Commission, Primary School renovation, Primary Health care renovations purchase of Aircrafts, etc under any guise at all, which is fueling the appetite for the selection of L
local government chairmen that cannot say no is an exercise in futility.
"Never again shall we abdicate responsibility in the face of the clear pronouncement of the Supreme Court Judgement. 

"It will not require a council chairman to challenge the deductions. Any citizen can validly challenge the State Government in any Court of Law to enforce this judgment. 
We will be meeting in Court."