BY ANGELA UFOMBA, AWKA
Ahead of the proposed local government area election in Anambra state, the All Progressives Grand Alliance (APGA), has described as worrisome, the blatant violation and disregard for the rule of law and the Constitution of the Federal Republic of Nigeria by the administration of Governor Chukwuma Soludo of Anambra State.
APGA in a statement on Sunday, condemned the recent move by the government of Anambra State to circumscribe the Nigerian Constitution through some ambiguous provisions in the State’s Local Government Council Law, describing the alleged move as a slap on Nigeria’s democracy.
The party wondered why the Soludo administration is toeing the part of dishonour and disdain for rule of law, in view of the glaring recognition of Chief Edozie Njoku, by the Independent National Electoral Commission (INEC) as the authentic National Chairman of APGA.
The Chief Edozie Njoku led national leadership of APGA said the amendment of the State Electoral Law by the Anambra State House of Assembly, was hasty and a promotion of undemocratic tactics, aimed at frustrating and politically ambushing opposition parties in the State.
“It has long been established that the devious clauses suggested for inclusion in the Anambra State’s Local Government Council Act were intended to sideline the Chief Edozie Njoku leadership of the All Progressives Grand Alliance, which was elected at the Owerri Convention of the party and affirmed by the Supreme Court” the party said.
Recall that the Anambra State House of Assembly, recently amended it’s electoral laws, which slashed the notice period for local government elections from 60 days to just 30 days.
Amongst other enactments, the new amendment sought by the Anambra State Government was to the effect that National or State House of Assembly lawmakers should endorse the nomination forms of candidates of the Local Government Council Councillorship and Chairmanship positions instead of the State or National Chairmen of political parties.
A statement on Sunday, from the National Secretariat of the All Progressives Grand Alliance (APGA), noted that the amendment apparently clashes with certain provisions of the 1999 Constitution.
“The amendment, wherein anti democratic, illegal and unconstitutional clauses were smuggled into the electoral laws for the conduct of local government elections in the State is an aberration that will not stand the test of time,” APGA warned.
APGA argued that the National Assembly is vested with the power to make laws relating to voter registration and election procedures for local government councils, as stipulated on Paragraph 12 of Part II of the Second Schedule of the 1999 Constitution as amended and Section 150 of the Electoral Act 2022.
“It was the contention of the party that Section 23(1) of the Anambra State Electoral Law 2024, which mandates a 30-day notice period for local government council elections in the State, is invalid as it offends Section 103(3) of the Electoral Act 2022, which is a crucial aspect of the election process to council positions.”
APGA posited that for ANSIEC to hold valid elections for the 21 local government councils in Anambra State, it must comply strictly with the provisions of Section 103(3) and Section 150 of the National Electoral Act 2022.
According to the party, “going ahead with the September 28, Local Government elections under the amended law could raise questions on the validity of the local government election being planned by the ANSIEC.
“In as much as the Anambra State House of Assembly is conferred with the power to make laws for the organization of local government election or undertake all elections to local Government councils through the Anambra State Independent Electoral Commission (ANSIEC), it does not operate in isolation, and those laws are not expected to be inconsistent with the provisions of the 1999 Constitution, APGA posited.”
The statement noted further that, Section 4(5) of the 1999 Constitution is clear and unambiguous on this. It states: “If any Law enacted by the House of Assembly of a State is inconsistent with any law validly made by the National Assembly, the law made by the National Assembly shall prevail, and that other Law shall, to the extent of the inconsistency, be void.
APGA stated that since certain provisions of the ANSIEC amendment law are in contrast with the Electoral Act 2022, enacted by the National Assembly, the local government election, which the ANSIEC is about to conduct will not stand the test of legal proceedings, a situation which the party is entirely opposed to.
The party insisted that the ANSIEC cannot operate under a different Constitution, stressing that the legislative powers to enact electoral laws to govern the local governments are vested in the Federal and State governments.
The party called on all opposition parties, civil society organizations and democratic institutions to rise and challenge this abhorrent law in court to in a bid to restore sanity in the democratic process of Anambra State and the country at large, stressing that the Supreme Court had long decided on this affront on the nation’s democracy by desperate politicians in many of it’s judgments.