The APGA Interactive Forum (AIF Media) has slammed the Speaker of the Anambra State House of Assembly, Somto Udenze for allegedly being coerced by Governor Chukwuma Soludo to illegally amend the State Independent Electoral Commission Law in contravention of the existing Supreme Court judgement on such amendment.
AIF Media described the amendment which replaced 60 days’ election notice with 30 days as a nullity, arguing that it is inconsistent with the constitution of the Federal Republic and Electoral Act.
The Assembly on Wednesday amended the State Electoral Commission and Local Government Laws ahead of the September 28 local government election in the state.
It was learnt that the amendment bills sponsored by the majority leader, Mr Ikenna Ofodeme (APGA) representing Ekwusigo constituency, and Mr Chukwunonso Igwe (PDP) representing Ogbaru 1 constituency, passed through the first, second and third readings on the same day with virtually no opposition.
Part of the amendment shows that the nomination of candidates shall be conveyed to the Commission and can only be entertained if it was signed by the Anambra chairman and secretary of the political party elected at a congress monitored by the Independent National Electoral Commission (INEC) or where there was no such congress.
Christened Anambra State Electoral (Amendment No. 2), it also provides that the national chairman and secretary of the political party shall be those elected at the Convention of the party monitored by INEC.
The Assembly also passed Local Government (Amendment No. 9) Bill, 2024 which expunged all sections and clauses relating to conduct of election at the local government levels in the previous law.
SaharaReporters reports that the State Assembly had on May 30 passed a bill for a law to establish the Anambra State Independent Electoral Commission and for connected purposes.
The Executive Bill scaled through a second reading on Tuesday, May 28, after the lawmakers made several contributions on the gains of the bill and its importance towards the conduct of local government elections in the state.
The electoral law came into force on June 5, 2024, after Governor Soludo assented to it.
However, reacting to the amendment, the AIF Media described what the action of the House of Assembly as a nullity, saying it contravenes constitutional provisions, which the Supreme Court of Nigeria has resolved in 2010 in a suit filed by the then Osun State Action Congress of Nigeria (now defunct) against the Osun State Independent Electoral Commission (OSIEC).
It said, “The amendment that Governor Soludo and SHOA carried out, replacing 60 days with 30 days is a nullity. No state has the law where SIEC gave political parties/public less than 2-3 months’ notice for election. Check that of Rivers State, Oyo State, Niger, Imo and other states that gave notices.”
It accused Soludo of refusing to conduct election two years and five months after he was sworn in despite his promise during his campaign to do so within six months of swearing-in.
The group noted that two days after the federal Government through the Attorney General of Federation (AGF), Lateef Fagbemi, SAN, filed a suit at Supreme Court against 36 governors, seeking autonomy for the 774 LGAs in Nigeria, Soludo on May 28, 2023, “hurriedly and panickingly sent an Executive Bill for Amendment of Anambra State Local Govt Law on the conduct of LGA Elections to the State Assembly”.
It said, “The bill was passed on 13th July, 2024, another two days after Supreme Court delivered the landmark judgement in 11th July, 2024.
“The suit forced him to hurriedly send a draconian, undemocratic and untidy Executive Bill to SHOA for the conduct of LGA election, whereas the Supreme Court judgement of 11th July, 2024 forced Governor Soludo to coerce the Hon Somto Udeze-led SHOA to hurriedly pass the anti-democratic law.
“Why did the SHOA under full control of Governor Soludo choose not to touch the Executive Bill until after the judgement of Supreme Court. The SHOA under strict instructions from Governor Soludo within 24 hours commenced and finished the amendment of the law (July 12th/July 13th, 2024)
“He and his cohorts got the Certified True Copy (CTC) of the Supreme Court judgement, he hurriedly went back and coerced the State Assembly to further amend the LGA law using the Speaker SHOA, Hon Somto Udeze as willing tool.
“He inaugurated the ANSIEC on Tuesday, 6th August, and eight days later, ANSIEC issued a notice, fixing a date for election for Sept 28th, 2024.
“This means that newly inaugurated ANSIEC has less than seven weeks to prepare for the conduct of LGAs election.
“On 13th August, 2024, after ANSIEC had issued LGA election notice, Governor Soludo and Hon Somto Udeze surreptitiously went back and further amended the LGA law.”
The group called on the State Independent Electoral Commission not to waste the state funds to conduct the September 28 LGA election, insisting that it will later be voided by the courts going by the precedent set by the Supreme Court in ACN vs OSIEC in 2010.
