Africa
Benue SIEC Dragged to Court Over LG Elections and Update
Without regularly-scheduled and predictable local government elections, as well as dates for inaugurating new officials, there can never be local government autonomy. Without local government autonomy and the rule of law there can never be development.
Three weeks ago, on 13 March, our lawyers filed an action at the High Court of Benue in Makurdi, in the matter of Sesugh Akume v Benue State Independent Electoral Commission (BSIEC) with suit number MHC/449/2024, seeking the court to compel BSIEC to immediately publish the date for local government (LG) elections in the state; to jumpstart the process and ensure that LG elections are conducted before the expiration of the term of the current officials on 29 June, ready for inauguration of the new officials on that day.
Regular local government elections are a constitutional requirement and the singular authority to determine the dates and conduct the elections is the SIEC.
The suit was filed as an urgent one, along with an application to assign it to a court speedily and for it to be heard and dispensed with expeditiously, but in a surprising turn of events, it took up to 2 weeks for the matter to be assigned to a court, and no date has been set for its commencement yet.
We have been made aware of ‘Public Notice 01 2024’ released by BSIEC dated 5 April, and signed by the BSIEC chairman, kick-starting the electoral process which began on 29 March with the inauguration of the Commission by the governor, and culminates on 6 July with the conduct of the elections. In spite of this, we shall be proceeding with our matter when the court sets the date.
Conducting local government elections on 6 July, one week after the expiration of the term of the current elected local government executives, as set by BSIEC, is an obvious violation. BSIEC ought to ensure that elections are conducted as and when due, such that the new officials would be sworn in on 29 June no more, no less. BSIEC should never make itself and cause others to be in breach and contravention of the Constitution by giving room for illegal, undemocratic, unconditional local government administrations even for one day.
Without regularly-scheduled and predictable local government elections, as well as dates for inaugurating new officials, there can never be local government autonomy. Without local government autonomy and the rule of law there can never be development.
Sesugh Akume
6 April 2024
Abuja
