Ekweremadu, Ihedioha, others dragged to court The Deputy Senate President, Ike Ekweremadu, the Deputy Speaker of the House of Representatives, Emeka Ihedioha and two others have been dragged before the Federal High Court sitting in Abuja over their refusal to order the Independent National Electoral Commission (INEC) to conduct a referendum pursuant to a request for the creation of Adada state from the present Enugu State. Ekweremadu and Ihedioha are both chairmen of the 1999 Constitutional review committee of the Senate and House of Representatives committees respectively. The plaintiffs, Major-General Godwin Ugwuoke (retd), HRH (Professor) Igwe Ukpabi and Honourable James Ugwu, who sued for themselves and members of the Enugu State Committee on the Actualisation of Adada State and Adada State Movement alleged that the refusal is a violation of Section 8(1)(a) of the 1999 Constitution as amended. Section 8(1)(a) provides that a request, supported by at least two-thirds majority of members(representing the area demanding the creation of the new state) in each of the following namely-(i) the Senate and House of Representatives (ii) the House of Assembly in respect of the area, and (iii) the local government councils in respect of the area, is received by the National Assembly. Also joined as defendants are the Senate and the House of Representatives. In an Originating Summons filed by counsel for the plaintiffs, Gabriel Okakafor, at the registry of the court, the plaintiffs are seeking for a declaration that the request for the creation of Adada State does not require to comply with more than the express provision of Section (8)(1)(a) of the Constitution of the Federal Republic of Nigeria (as amended) and Section 1(1)(2) and (3) of the creation of states and boundary adjustments (Procedure) Act Cap 37, Laws of the Federation of Nigeria, 2004 for such request to be qualified for direction to INEC for a referendum pursuant to their request. They also want the court to declare that they have fulfilled or complied with the conditions laid down in Section (8)(1)(a) of the constitution and Section 1(1)(2) and (3) of the creation of states and boundary adjustment as the first step to be taken for the creation of Adada State out of the present Enugu State. They further seek an order that the defendants are in gross violation of the express provision of Section 8(1)(a) and (b) of the constitution and Section 1(1)(2) and(3) of the creation of states and boundary adjustments by failing to direct INEC to conduct a referendum of the area demanding for the creation of Adada state out of the present Enugu state pursuant to the provisions of Section 8(1)(b) of the constitution. The plaintiffs therefore want a mandatory order of injunction compelling the defendants to invoke and observe the provisions of Section 8(1)(b) of the Constitution and Section 2(1) of the creation of states and boundary adjustment by directing the INEC to conduct a referendum of the area demanding for the creation of Adada state out of the present Enugu State. In 35 paragraph affidavit deposed to by Major General Ugwuoke,he averred that all the necessary procedure for the creation of state have been fulfilled by the group and yet the proposal has not been considered. The matter has not been assigned to any judge.
Posted on: Fri, 13 Sep 2013 14:47:52 +0000
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