Councillor Loses To Stop Ahoada-East In Court

A High Court in Port Harcourt has dismissed claims by a member of the Ahoada-East Local Government Legislative Assembly to stop the local authorities from passing the 2008 budget of the council.

The councillor Hon Bright Nelson in suit PHC/1964/2009 also sought the Ahoada-East Legislative Council from passing the 2009 budget or any budget of the local government until 2/3 majority votes of members were gotten.

Also joined in the suit was the Commissioner of Local Government/Chieftaincy Affairs, who the councillor sought an order restraining him from releasing funds standing in the credit of the local government pending when the budget was duly passed.

But Justice Boma Diepiri held that the 2008 budget of the council was duly and properly passed by the legislative council, even by simple majority of five councillors.

Justice declared that the case lacks merit adding that “all the issues canvassed by the claimant and reliefs claimed by him all gravitate and rotate around this issue.

“The said issue having been resolved against the claimant, his case thereby collapsed’.

Hon. Bright Nelson had claimed that only five members of the legislative assembly witnessed and passed the 2008 budget of the council.

Hon. Nelson asserted that the members do not constitute two-third majority of the assembly expected by law to pass the budget into law.

However, the judge said the claim of the councillor has been overshadow by the Local Government Law No 3 of 1999, which requires only a simple majority of members.

He supported the claim by the defendants that the 2008 budget was duly passed by seven members who sat and voted on 21/11/2008 to pass the appropriation bill.

Justice Diepiri stated, “I believe the assertion of the defendants. This is because whereas the claimant did not attach exhibit or anything in proof of his assertion that only five members passed the said bill, the defendant have exhibited the proceedings and minutes of the said meeting of 21-11-08.

The Judge continued, “A look at the said exhibit revealed that seven members were present on the said date and voted in favour of the budget. Even if we believe the claimants assertion that only five members voted and passed the said bill, five is still a simple majority of the seven members present and voting as required by Section 25 of the Local Government Law”.