Human rights activist, Dr. Ifeanyichukwu Okonkwo, is set to deconstruct the illegal Local Government Caretaker Committees that has been used by past and present governments of Anambra State, after the preliminary obstacle placed on his way by the trial judge, His Lordship Hon. Justice B.K.M. Mohammed.
Justice Mohammed had, in the penultimate sitting, questioned Dr. Okonkwo’s right, a “layman”, to appear on behalf of himself without the services of a legal practitioner.
Consequently, the matter was adjourned, an adjournment that eventually prolonged into days and months.
Okonkwo’s response was slated for September 24, 2025, but the judge failed to show up, hence another adjournment to September 30.
On the given date, the human rights activist was armed with a “Plaintiff’s Written Address Pursuant To Order Of the Court Dated 24/07/2025 (Ex-Parte)” which he promptly presented to the court.
Presenting the document before the court, Okonkwo said: “In compliance, my lord, a written address dated 29th July, 2025, is hereby adopted as the reply to the question filed ex-parte.
“I urge your lordship to kindly consider the submission of the applicant, more particularly.
“He has made efforts to satisfy your lordship by attaching certified copies of proceedings from this court and higher courts.
“I pray your lordship to grant the application.”
See a copy of the application below:
The Genesis
The matter started when Okonkwo filed a lawsuit against former governors of Anambra State, including Chief Dr. Christopher Ngige, Mr. Peter Gregory Obi, Chief Dr. Williams Maduabuchukwu Obiano and the current governor, Professor Chukwuma Charles Soludo at the Federal High Court of Anambra State Government Official Website of Nigeria, Awka Judicial Division, holden at Awka.
The issue revolves around the Federation Account Allocation Committee (FAAC) funds to the 21 Local Government Councils in the state since 2003, beginning with the administration of Chief Ngige.
The suit, filed on April 17, 2024, with case no. FHC/AWK/CS/90/2024, has the following 8 individuals and institutions as Defendants:
- The Federal Republic of Nigeria
- Governor of Anambra State
- The Attorney General & Commissioner for Justice Anambra State
- The Anambra State House of Assembly
- Former Governor Chief Dr. Christopher Ngige (for himself and on behalf of – the Local Government Transition Chairmen and Councilors (Committees),
- Former Governor Mr. Peter Obi (for himself, and on behalf of – the Local Government Transition Chairmen and Councilors (Committees),
- Former Governor Chief Dr. Williams Maduabuchukwu Obiano (for himself, and on behalf of – the Local Government Transition Chairmen and Councilors (Committees),
- Mr. Livinus Onyenwe (for himself and on behalf of the Local Government Transition Chairmen and Councillor’s (Committees) serving under Professor Soludo, the current governor of Anambra State.
The Plaintiff, Dr. Okonkwo, argued that the Transition Chairmen and Councillors were unconstitutionally appointed and, thus, served under illegal regimes for the period covering 2006 to 2024.
He also insisted that the stated governments collectively failed and neglected to provide for the establishment, structure, composition, finance, and electoral laws, to ensure that the Plaintiff and every person is entitled to vote or be voted for at an election to a Local Government Council, thereby breaching the mandatory duty cast upon them in the 1999 Constitution.
What Okonkwo Wants
Dr. Okonkwo, in the suit, sought the following reliefs against Ngige, Peter Obi, Obiano and Soludo amongst other things:
1) A DECLARATION that the Plaintiff is entitled by the favourable judgment in Suit No. FHC/EN/CS/90/2005 delivered on 26th September, 2006, (the declaratory judgment) to use same as a foundation for consequential reliefs against some of the earlier parties or their agents and privies.
2) AN ORDER directing the 1st Defendant (the Federal Republic of Nigeria) to furnish to the Plaintiff – “the Financial disbursement by the Federal Ministry of Finance, the monthly allocations in favour of the 21 Local Government Council Areas in Anambra State with effect from May 29th, 2003, up to March 2024.”
3) AN ORDER directing the 2nd to the 8th groups of Defendants to render public account before this Court of all funds illegally expended by them or agents and privies, during their respective regimes of office while executing their illegal and unconstitutional usurpation of offices at the Local Government Council Areas in Anambra State by tampering with public funds, excluding salaries and allowances of the Local Government Council employees and workers’ expenditures.
More reliefs
4) AN ORDER directing that the Defendants namely: Governor of Anambra State (2nd Defendant), Attorney-General and Commissioner for Justice, Anambra State (3rd Defendant), Anambra State House of Assembly (4th Defendant) having collectively failed and neglected to provide for the establishment, structure, composition, finance, and electoral laws, to ensure that the Plaintiff and every person who is entitled to vote or be voted for at an election to a House of Assembly, shall have the right to vote or be voted for at an election to a Local Government Council, breached the mandatory duty cast upon them in Sub-section (4) of Section 7 of the 1999 Constitution of the Federal Republic of Nigeria (as amended) and flagrantly violated the subsisting judgment in EXHIBIT ‘A’, therefore, consequently are not fit and proper persons to seek or present themselves for elections (for nomination for any elective office) and or re-election under the 1999 Constitution of the Federal Republic of Nigeria.
5) AN ORDER directing the 1st, 2nd, 3rd, 4th and 3rd Defendants respectively to publish before this Honourable Court as follows:
(a) The 1st Defendant to place before the Honourable Court: the FAAC Allocations to the respective 21 Local Government Council Areas in Anambra State for the period: 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022, 2023 and 2024
(b) The 2nd, 3rd and 4th Defendants to place before the Honourable Court: the FAAC Allocations to the respective 21 Local Government Council Areas in Anambra State for the period: 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022, 2023 and 2024
(c) The 8th Defendant to place before the Honourable Court: the FAAC Allocations to the respective 21 Local Government Council Areas in Anambra State for the period: 2022, 2023 and 2024.
Other reliefs
6) AN ORDER consequentially for the Defendants (except the 1st Defendant), for disobedience of the aforesaid judgment EXHIBIT ‘A’, BARRING the 5th to the 8th groups of Defendants named therein, from presenting themselves either for nomination or standing for election or occupying public offices in Nigeria for their unconstitutional, careless and contemptuous violation of the subsisting final judgment of the Federal High Court delivered on 26th September 2006 marked EXHIBIT ‘A’.
7) AN ORDER directing the 1st Defendant (the Federal Republic of Nigeria) to put into effect – the unanimously passed resolution of the Senate, asking the “Federal Government to halt the statutory allocation of funds to Local Government Area Councils, where Chairmen and Councilors were not democratically elected (particularly against the 2nd, 3rd and 4th Defendants).
8) AN ORDER nullifying/setting aside all the purported directives, financial expenditures; the presentment of “Igwe elects” by the Town Unions to Chairmen Transition/Caretaker Committee, and issuance of Certificate of Recognition of His Royal Highness (Traditional Ruler/Igwe) for Government recognition purportedly made by the illegal and unconstitutional constituted Caretaker/ Transition Committees for the 21 Local Governments in Anambra State with effect from the 26th day of September, 2006, by the 3rd to the 8th Defendants, having not been democratically elected.
9) AN ORDER for Exemplary Damages against the 5th to 8th Defendants in favour of the Plaintiff for One Hundred Billion Naira (N100,000,000,000.00).
Okonkwo also asked the court to determination whether the continued violation by the 2nd to 8th Defendants of EXHIBIT ‘A’ the judgment in Suit No. FHC/EN/CS/90/2005, between the parties delivered on 26th September, 2006 which execution had taken effect, is sustainable.
Details of the “Plaintiff’s Written Address Pursuant To Order Of the Court Dated 24/07/2025 (Ex-Parte)” will be published subsequently.
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