
Saraki, Dogara, others at Buhari’s daughter, Zahra’s wdding
By Emmanuel Aziken, Political Editor
The recent Supreme Court decision affirming the tenure of life of the local governments of the country is arguably a major tonic to the country’s democracy.
In one judgment the apex court has given a life line to a tier of government that has been much maligned and maltreated by the federal and state governments.
The judgment given on December 9 affirmed that governors do not have the right to dissolve democratically elected local governments and appoint caretaker committees in their place.
The judgment was upon the dissolution of the local governments in Ekiti State by Governor Kayode Fayemi in 2010. The elected local government officials had taken their case to court and finally this month got the nod of the Supreme Court that the dissolution was wrong.
The judgment no doubt has great impact on the polity as it now gives an interpretation to Section 8 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).
Saraki, Dogara, others at Buhari’s daughter, Zahra’s wdding
It also consolidates the constitutional provision that the system of democratically elected local governments should be guaranteed.
It was as such not surprising that Speaker Yakubu Dogara in his reaction applauded the decision of the apex court.
Reacting to the development, Dogara said that the court maintained that state governors do not have the constitutional right to sack duly elected local government officials and the need for local government autonomy, both financially and administratively, in order for local Government Councils to develop.
Indeed, the Supreme Court’s five-man panel, led by Justice Olabode Rhodes-Vivour, described the practice as “executive recklessness,” which must not be allowed to persist.
The practise of state governors sacking local government councils has been likened to the president dissolving democratic structures in the state. When President Obasanjo did it in Plateau State with the “suspension” of Governor Joshua Dariye from office for six months, his action was much flayed by some despite the grave security situation that was on the ground that the president used to justify his action.
However, governors have repeatedly voided the democratic stature of their local governments with reckless abandon, apparently to tap into their financial honey pots.
Continuing with his endorsement of the Supreme Court judgment, Dogara in a statement issued by his spokesman, Hassan Turaki, said:
“State Governors have a constitutional responsibility to act according to the dictates of the judgment, as Nigeria is a nation of laws and not of men. The National Assembly will undoubtedly, intervene legislatively to solve this problem.
Already, clauses granting financial autonomy to both local councils and State Houses of Assembly are being considered by the National Assembly in the ongoing constitutional amendment exercise. The proposals include denying federal allocation to local governments that do not have democratically elected council officials.
“In the interim, the Federal Ministry of Finance should be guided by the Supreme Court decision which makes it illegal to release Federation Account funds to an unelected Council.
Dogara just like Deputy Senate President, Ike Ekweremadu has also endorsed the removal of the state-local government Joint Account which he described as the “evil” that has continuously lured the governors to the reign of dictatorship.
With the liberty given them now by the judgment, eyes would now be on that tier of government to see how they can now fast-track development at that level.
Disclaimer
Comments expressed here do not reflect the opinions of Vanguard newspapers or any employee thereof.