By Ogar Monday
A Cross River State High Court sitting in the capital city of Calabar, Wednesday dismissed the suit brought before it by the All Progressive Congress(APC) in the state seeking among other things, the restraining of the Governor from appointing caretaker chairmen.
The suit with suit no. HC/7/2017, sought to bar the second respondent, Governor Ben Ayade of Cross River from appointing the Heads of Local Government Administration (HOLGAs) as caretaker chairmen and to compel the third respondent, the Cross River State Independent Electoral Commission (CROSIEC) to conduct elections into the various Local Governments.
But, the presiding Judge, Justice Okoi Itam in his judgment held that it will be unrealistic for the court to restrain the appointment of caretaker chairman since the action has been done and the HOLGA are already performing their duty.
However he said that the action of the first respondent (State Government) in appointing HOLGA’s to run the affairs of the various Local Governments was illegal and unconstitutional.
The Court also held that the 3rd defendant on record (State Independent Electoral Commission) is a non-juridistic person and is not known to law. That the proper party should have been the Cross River State Independent Electoral Commission(CROSIEC).
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