By Obio Monday
An oppostion party in Cross River State, African Action Congress, AAC, has dragged Governor Ben Ayade and the Heads of Local Government Administration, HOLGAs, in the 18 LGAs of the state to a Federal High Court over the attempt by Governor Ayade to tamper with LGA allocation and refusal to conduct LG election.
In Suit number, SHC/TH/C5/153/19, filed at the vacation court in Port Harcourt Friday between the African Action Congress (Plaintiff) and Governor Ben Ayade. Others who are joined in the suit include the Attorney General of Cross River State, Cross River Independent Electoral Commission (CROSIEC), Nigerian Financial Intelligence Unit (NFIU), Revenue Mobilization, Allocation and Fiscal Commission.
The motion which was filed by the counsel to the plaintiff, Utum Eteng, is seeking amongst others "an interim injunction restraining the 1st, 2nd, and 7th – 39th Defendants by themselves, their agents, servants, privies or any other person or persons however acting through or for them from negotiating and/or obtaining any loan facility on behalf of the Eighteen (18) Local Government Councils of Cross River State, 6th – 38th Defendants until the motion on notice herein filed is heard.
An order of interim injunction restraining the 7th – 39th Defendants by themselves, their servants, agents or privies from proceeding to obtain, to sign any loan agreement/document seeking to raise or to grant any 30% interest loan facility on behalf of the Eighteen Local Government Council of Cross River State, thereby technically using the loan transaction to gain access to the funds allocated to the 18 Local Government Council by the Revenue allocation committee pending the hearing of the motion on notice herein filed.
An order of Court compelling the 1st, 2nd and 3rd Defendant to arrange and conduct elections to usher democratically elected councils in the eighteen (18) Local Government Councils pursuant to section 7(1) of the 1999 constitution as amended and section 2(1) CRS Local Govt. Law 2007 pending the motion on notice.
An order compelling the 4th Defendant to monitor, investigate and ensure that no loan facility by the 1st – 2nd Defendants is forced to be taken by the 7th – 39th Defendants on behalf of the 18 Local Government Councils of Cross River State and to ensure that the Federal allocation paid into the accounts of the 18 Local Govt. Councils by the Federal Allocation Committee is not tempered with by the 1st, 7th – 39th Defendants howsoever.
An order restraining the 5th Defendant from further crediting any of the 18 Local Government Council account from the Federation account pending when a democratically elected Local Govt. Council is conducted by the 3rd Defendant with the money to conduct same provided by the 1st Defendants.
An order restraining the 1st, 2nd, 6th – 39th Defendants from obtaining a loan from any of the commercial banks through the 1st Defendant claiming to pay staff salaries in breach of section 44(1) and 45 of the Fiscal Responsibility Act which deals with conditions of borrowing and verification meant for the long term capacity projects".
The party accused the Governor of failing to provide funds to CROSIEC to conduct elections and planning to obtain loan on behalf of the local governments with 30% interest rate.
It will would be recalled that recently, civil society organizations in the state embarked on protest against the governor's failure to conduct local government elections and plans by the governor to acquire 200,000 hectares of land for farm settlement.
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