The Peoples Democratic Party (PDP) has dragged the Niger State government to court over the delay in the conduct of the state local government election.

The election, which was scheduled for November 7, 2015, had been shifted to January 16, 2016, by Niger State Independent Electoral Commission (NSIEC) on Tuesday, citing inability of the state government to release funds for the conduct of the election which will also include the use of card readers as exhibits at the various tribunals sitting in the state.

The new date as announced by the NSIEC is however being objected to by the PDP, which is asking the court to determine if by virtue of section 7(1) of the 1999 constitution as amended, whether local government areas in the state could be administered by any system of government other than democratically elected local government councils.

The suit filed in a Minna High Court also wants the court to determine that provisions of sections 90 and 92 of the Niger State Local Government Law 2001 as amended are not in conflict and inconsistent with the provisions of sections 7(1) of the 1999 constitution as amended.

Joined in the suits filed on Tuesday, October 27, 2015 is the Attorney General of Niger State, the Niger State Independent Electoral Commission and the Niger State House of Assembly.

PDP is also seeking the determination of the court that, ‘‘in consequence of 1 and 2 whether it is not unconstitutional and unlawful for any other system of administration other than a democratically elected local government to perform the function of a local government council as enshrined in the fourth schedule to the constitution and part V111 of the local laws 2001 of Niger State.’’

In addition, the party also wants the court to determine that having regards to sections 162 (3) (5) (7) and (8) of the 1999 constitutions monies allocated /accruing to local government councils in Niger State from the federation account or any other source can be distributed shared or in any manner appropriated to anybody entity individual other than a democratically elected local government council.

In the suit filed by Ndagi Musa Esq. and four others – Tanko Beji and co 51, Bosso Road, Minna, the plaintiff also seeks the relief of the court restraining the defendants from constituting a caretaker committee, transitional committee or any other body under whatsoever name to run the affairs of the 25 local government councils of the state except as provided by the 1999 constitution.

The plaintiff also wants an order of perpetual injunction restraining the 1st and 2nd defendants from performing the functions and duties of the local government councils in Niger State pending the determination of the court.

Similarly, the plaintiff wants an order directing the defendants particularly the 3rd defendant to immediately conduct elections into the local government councils of the state in accordance with the earlier time table as released by the SIEC. No date has been fixed for hearing of the suit.