A lawyer, Mr Eric Ifere, has faulted the alleged undemocratic acts by the Cross River State Independent Electoral Commission (CROSIEC) and the state’s house of assembly.
The lawyer, who is counsel to Mr Uket Ifere, a Labour Party (LP) chairmanship aspirant in the scheduled Nov. 2 local government elections, stated this in a complaint letter written to Gov. Bassey Otu and others.
Others copied in the letter with reference number: IFERE/ELECTION LG 001/2024 and made available to newsmen on Wednesday in Abuja include the Cross River Attorney General (AG), clerk of the state’s house assembly, and chairman of CROSIEC.
“Mr Uket Okoi Ifere, a member of the Labour Party of Lewankom 3 Ketabebe, Ugep, Cross River State, and aspirant to contest as Chairman of Council of Yakurr Local Government Council, has sought our counsel on the poorly drafted amendment/passing into law of the
CROSIEC Law 2002 ( amended 2024).”
He said the complaint was based on the conflicting timetable to the electoral law for the conduct of the proposed LG polls and the infringement on their client’s rights as a member of LP aspiring to contest the forthcoming chairmanship elections.
The lawyer frowned at the recent amendment of the state’s Local Government Electoral Commission Law 2002 by the house of assembly which was allegedly presided over by an unelected speaker.
According to him, on 22 May, 2024, Mr Elvert Ayambem was removed as speaker of the 10th State Assembly by 17 of the 25 members who passed a vote of no-confidence in the Speaker.
Ifere said Ayambem was alleged to have committed “several infractions, including gross financial misconduct and non-compliance with the Cross River State Legislature Funds Management Laws of 2021.
“Since his impeachment, Mr Ayambem has not been validly reinstated as Speaker.”
He said Ayambem “held the position illegally leading up to the passing into law of the CROSIEC 2002 (Amendment Law 2024).
Ifere argued that the action was done in a manner and provisions that were inconsistent with the 1999 Constitution.
“These actions have infringed on our client’s rights to contest elections as local government chairman, specifically his right to a fair and transparent electoral process.
“The Cross River State Local Government Commission Electoral (Amendment 2024) is invalid, and all actions carried out under this law are unlawful, null, and void.
“We have advised our client that he is very likely to succeed in a claim at the high court to enforce his rights and have the court declare the Cross River State Local Government Commission Law (Amendment 2024) illegal,” he said.
Besides, the lawyer argued that CROSIEC’s imposition of monetary conditions of N1 million on the chairmanship aspirants, including their client, and N200, 000 on the councillorship aspirants on Oct. 4 was unconstitutional, arbitrary and infringement of Ifere’s fundamental rights.
He further argued that the provisions, under the CROSIEC timetable and schedule of activities for the 2024 LG polls in the state published on Oct. 5, were contrary to and a gross violation of the provisions of Section 20 of CROSIEC Law (2002) (as amended 2024).
“The timetable deliberately makes it untenable for registered political parties to give the prescribed 21-day written notice to CROSIEC of their intention to hold congresses to nominate their candidates for the election before submitting names of eligible candidates to contest elections,” he said.
The lawyer, therefore, urged the governor and others to halt, amend and remedy these alleged unlawful laws and acts in the interest of justice, transparency, and fairness.
“Specifically, we seek your action to ensure that the rights of our client and the principles of democracy are upheld by reviewing the electoral law, lawfully electing a speaker to preside over the House of Assembly in making laws and revising the CROSIEC timetable to conform with the Cross River State Independent Electoral Commission Law 2002 (amendment 2024),” he said.
According to him, if these actions are not addressed, the possible consequences could be a flagrant abuse of our democratic process, which we believe should be avoided at all costs.
“We urge you to take immediate action to address these issues and ensure that justice prevails,” he said.
Ifere, however, threatened to sue the state government, the house of assembly and CROSIEC if no action was taken within 48 hours of writing the letter.(NAN).
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