Collage photo of Comrade Udo Kierian, Leader, Akwa Ibom State House of Assembly and member representing Oruk Anam State Constituency and Mr. Kingsley Frank, Chairman, Oruk Anam local government area.
By Abasifreke Effiong
Oruk Anam local government council in Akwa Ibom State, has violated Section 47(3)(c) of the Akwa Ibom State Law Government Administration Law 2017 in the appointment of a new Vice Chairman for the local government council.
The elected Vice Chairman of the Council, Mr. Abasiama Etukakpan, was impeached in August 2021 for gross misconduct.
Section 47 of the Akwa Ibom State Local Government Administration Law 2017 sets out guidelines for the appointment of a new Vice Chairman where there is vacancy in the circumstances of death, resignation, removal or permanent incapacitation of the elected Vice Chairman.
Section 47(3)(c) of the law says the local government council Chairman shall appoint a person from the ward the ousted or deceased Vice Chairman to fill the vacancy.
“The Chairman shall nominate a person from that ward and with the approval of a majority of the members of the legislative council, appoint him as the new Vice Chairman”, the law states.
The Chairman of Oruk Anam local government area, Mr. Kingsley Frank, and the legislative council acted in breach of section 47(3)(c) of the Akwa Ibom State Local Government Administration Law 2017, in nominating, screening, and swearing-in, Mr. Uduak Umoh, as replacement to the ousted Vice Chairman.
Earlier, the local government council had appointed, Mr. Etiutom Ediene, as successor to Mr. Etukakpan, while the ousted VC’s petition against his impeachment was pending before the Akwa Ibom State House of Assembly.
The House of Assembly on August 3, invalidated the impeachment of Mr. Abasiama Etukakpan, stating that the Oruk Anam legislative did not follow due process in carrying out the impeachment.
Following a directive by the House of Assembly for the reinstatement of Mr. Etukakpan, the Oruk Anam legislative council filed another motion of impeachment against the VC, which the House of Assembly eventually adopted.
Mr. Abasiama Etukakpan, the impeached Vice Chairman of Oruk Anam.
The House of Assembly following the recommendations of a-7 member ad hoc committee of the House which considered the second impeachment motion against Mr. Etukakpan, found him guilty of gross misconduct and upheld his removal from office.
However, Mr. Ediene who was earlier appointed successor to Mr. Etukakpan, while the impeachment saga was going on was dropped for a new appointee, Mr. Uduak Umoh, a legislative aide to the Leader of Akwa Ibom State House of Assembly, Comrade Udo Kierian.
Mr. Ediene hails from Ikot Udo Offiong in Oruk Anam ward 13 (known as ward 16 going by the recent ward delineation carried out by the Akwa Ibom State Independent National Electoral Commission, AKISIEC), same as Mr. Etukakpan. However, Mr. Uduak Umoh, who is the new Vice Chairman hails from Ibesit Anwa Udo in Oruk Anam ward 12 (now named ward 15 by AKISIEC).
The implication of section 47(3)(c) of the Akwa Ibom State Local Government Administration Law 2017, which guides the operations of Local Government Councils is that Mr. Etukakpan’s successor must be appointed from Oruk Anam ward 13 (now ward 16).
The Leader of Oruk Anam legislative Council, Mr. Sunday Festus, has feigned ignorance to this provision of the law even though Council cited sections of that law in her impeachment of Mr. Etukakpan.
When contacted on telephone, the Leader of the Legislature said they screened Mr. Uduak Umoh, in line with the “law”, arguing that the Local Government Administration Law does not say that a successive Vice Chairman shall be chosen from the ward of the former.
“The law does not say a person must come from the same ward of the former vice chairman. There is a provision that the person must come from the zone where the former vice chairman was nominated from.” He could not cite any section of the Local Government Administration Law which talks about “political zones”.
Mr. Sunday Festus, Leader, Oruk Anam legislative council.
Parties in the nomination, screening, confirmation and swearing-in of the new Vice Chairman of Oruk Anam council may have breached other provisions of the Local Government Administration Law in their quest to fill in the vacancy.
Leader of the Local Government Legislative Council said “the party” nominated and sent the name of the nominee to the legislative council.
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The Law says the “Chairman shall nominate a person” to fill the vacancy. But when asked who nominated the new Vice Chairman, the Leader of the legislature said, “the Party.”
“Go back to your constitution, it states whose prerogative it is to nominate…if you go back to your law and look at it very well, our position as legislators is not to select or nominate who becomes the vice chairman; it is the position of the party to nominate a name and sent (sic) to us. So, for you to call me and ask if I considered if the man is from the same ward with the former vice chairman, for me, is (sic) trivial. You should direct that question to party.”
The Chairman of Oruk Anam local government, Mr. Kingsley Frank, could not be reached for comment because he did not respond to phone calls, text message sent to his known telephone number.
The Dune was informed that the new Vice Chairman, Mr. Uduak Umoh, was nominated by Comrade Udo Kierian, who is the Leader of the Akwa Ibom State House of Assembly and member representing Oruk Anam in the House of Assembly.
Mr. Uduak Umoh, new Vice Chairman of Oruk Anam local government area.
Mr. Umoh until his new appointment was the legislative aide to Comrade Kierian, who is currently serving a third term in the State House of Assembly.
Comrade Kierian did not respond to telephone calls or SMS sent to his known phone number.
