The Peoples Democratic Party (PDP) in Benue State once again calls attention to Governor Hyacinth Alia’s growing disdain for the sacred provisions for due process and rule of law in the running of government, with his recent purported appointment of caretaker committees for local government areas of the state.
The announcement of the so called caretaker committees to govern the 23 local government council administrations was made over the radio and circulated in other media channels without as much as the mandatory enabling law enacted by the Benue State House of Assembly stipulating their form and tenure, neither were the heads of those committees so appointed screened by the Legislature as required by law.
This is also against the backdrop that while campaigning for the Governorship in the 2023 elections, Hyacinth Alia had loudly, publicly promised to grant autonomy to the local government tier of administration if voted into office, stressing before the electorate that all that will be needed to do that is “the will, political will”.
But since his assumption of office Governor Alia’s approach towards the running of the affairs of the local government councils has been characterized by contempt for one court order after another, all of them upholding the tenure of the councils duly elected into office before he became governor, and restraining him or any other authority from tampering with the legitimate mandate of those councils which still subsists.
Recall that 23 Council Chairmen in Benue State were elected on the platform of the Peoples Democratic Party (PDP) at the April 30, 2022 local council elections conducted by the Benue State Independent Electoral Commission (BSIEC), and they were sworn into office on June 29, 2022 to a definite tenure of 2 years as enshrined in the Local Government Establishment Law of the state: that tenure expires on June 28, 2024.
It can also be recalled that following a suit brought by the council chairmen before the National Industrial Court holden at Makurdi, praying the same court to guarantee their tenure of office against unlawful dissolution by the state government, Hon. Justice (Dr.) I. J. Essien, the Presiding Judge of the Court, had on June 15, 2023 given a judgement in a suit marked NICN/MKD/31/2023, which held severally and specifically that:
“AN ORDER OF PERPETUAL INJUNCTION is hereby made restraining the defendants (Benue State Government), by themselves, agents, successors or privies, from dissolving the claimants’ elected councils or suspending the claimants (23 elected local from office before the expiration of their tenures, or from interfering with the functions, operations, rights, privileges or entitlements of the claimants’ councils in the manner complained of in the suit”.
This judgement of the court was not appealed against by the Benue State Government or any of its agents, therefore, the judgement has binding force which is above any authority existing under the law of the Federal Republic of Nigeria, meaning, therefore, that under the protective umbrella of the court judgement, the 23 elected council administrations in Benue State remain validly in office with a recognized mandate which subsists until the stipulated date of expiry.
However, Governor Alia in flagrant disregard for the orders of the court had gotten the state Assembly to constitute a committee of 3 members which took less than 24 hours to purport completion of an investigation into the affairs of the 23 local councils, following which same committee recommended and at the same time ordered the suspension of the 23 council chairmen and the entire councils including the legislative arms from office indefinitely.
The council chairmen through their lawyers had proceeded and commenced contempt of court proceedings against the government of Hyacinth Alia and the Benue State House of Assembly, serving on them variously and separately Notice of Consequence of Contempt Proceedings, on 27th June, 2023, and had also approached the High Court of Benue State seeking through an ex parte application and a substantive suit to have the Benue State Government restrained from interfering with their lawfully vested mandate and tenure of office, both of which I’m addition to other recent orders of court recently in same vein were granted.
All of those orders of court did not deter the Benue State Governor from going ahead in impunity to order the suspension of the duly elected local government council administrations which he has illegally enforced and has put in power at the councils how cronies who are running the affairs of those councils without any form of accountability as is known to law.
PDP decries this open showing of contempt for the rule of law which is the open preference of Governor Alia in his dealing with the local government tier of administration, as it bodes grave ill for thr quest to sustain and deepen constitutional democracy as the lawfully adopted form of government in Nigeria.
The unilateral and arbitrary decision to appoint local government caretaker committees in the manner the governor has done brazenly violates express provisions of law on constitution of government at the third tier of administration, as well as it holds in contempt orders of the law courts which is not only an affront to the judiciary but also a direct attack on the democratic rights of the people of Benue State.
PDP reminds Governor Hyacinth Alia and the Benue State Government that the judiciary is a fundamental pillar of our democracy, and its decisions must be respected and upheld by all, and the appointment of caretaker committees in open disregard of subsisting court orders is not only illegal but also negates the principles of democratic governance, which he swore on oath to uphold.
The party puts it to Governor Alia that his conduct towards the third tier of government depicts him as a hypocrite and a demagogue who made the promises for autonomy to that tier merely to hoodwink the unsuspecting Benue electorate and win their votes, and now while in office, it is evident that he does not have that political will he talked about to keep to his promise for autonomy.
We at the same time urge the governor to redeem his image before the world by reversing this unjust and unlawful action of appointment of the so called caretaker committees and to respect the rule of law by obeying the numerous court orders which have validated the tenure and mandate of the elected council administration, as the people of Benue State deserve a government that upholds the principles of democracy, accountability, and justice.
PDP urge all people of good conscience to rose up and condemn this gross violation of the sanctity of the Judiciary as represented in the decisions and orders of court which the appointment of caretaker committees represents, and to stand in solidarity with the duly elected local government council administrations in Benue State, as to allow this brazen impunity by Governor Alia will be to further weaken constitutional democracy.
