LOCAL GOVERNMENT AUTONOMY LATEST: OSUN COUNCIL OFFICIALS RESIGN, 13 STATES PREPARE FOR COUNCIL ELECTIONS

 

Nigeria’s Supreme Court in a landmark judgement on Thursday 11th July 2024, declared that it is unconstitutional for state governors to hold funds allocated for local government administrations.

The seven-man panel, in the judgment delivered by Justice Emmanuel Agim, declared that the 774 local government councils in the country should manage their funds themselves.

The apex court held that the power of the government is portioned into three arms of government, the federal, the state and the local government.

The court further declared that a state government has no power to appoint a caretaker committee and a local government council is only recognisable with a democratically elected government and also by this judgment barred governors from appointing caretaker committess to run local governments.

The apex court said only duly elected officials can run LGs, adding that any LG being run by caretakers should have their allocation from the Federation Account withheld.

Reactions to the judgement have been many and varied. While many people especially Local Government workers applauded the Apex Court judgement, others see the pronouncement as an aberration. They claim the court decision violates the provisions of the Nigerian 1999 constitution (as amended).

Governor Oluseyi Makinde, the Executive Governor of Oyo State in his reaction to the Judgement of Nigeria's Apex Court giving financial autonomy to the nation's Local Governments said the judgement has created a constitutional lacuna that will throw up different challenges at the local government level.

The governor therefore set up two committees saddled with the responsibilities of reviewing the Supreme Court judgement on local government autonomy and coming up with recommendations that will ensure that the change does not affect the people of the state negatively.

He said though he is not opposed to transparency in the councils, the Supreme Court judgement “is not a silver bullet that will wash away” Nigeria’s problems.

In Osun State however, in response to the Supreme Court judgment, the 401 chairmen and members of the caretaker committees running the 62 local governments and council development areas in Osun State have tendered their resignations.

The Caretaker Chairman of Odo-Otin Local Government Area, Okuku, Adewale Adeyinka, said he quit office out of “respect for our democratic principles.”

His resignation letter dated July 17, 2024 was addressed to Governor Ademola Adeleke.

Adeyinka said, “It is with a sense of duty and respect for our democratic principles that I write to tender my resignation from my position as Chairman of the Caretaker Committee for Odo-Otin Local Government, effective immediately.”

“As I move on to pursue further opportunities to serve my people, I want to assure you that the good work we have started will not end. I remain committed to supporting the growth and development of Odo-Otin Local Government in any capacity I can.”

The immediate-past Chairman of the Osun State chapter of the Association of Local Government of Nigeria (ALGON), Mr. Sarafadeen Awotunde, said all the 69 caretaker chairmen and 332 members in Osun State had resigned.

Reacting to news that the 401 caretaker members and chairmen have been sacked, Awotunde said, “Since we already called them caretaker, I don’t think there is any appropriate word to use than that they resigned. Nobody sacked them.”

“Caretakers have temporary time to spend. It means their time is over. If you look at it critically, you will see that the Supreme Court has given a verdict. So whatever is called caretaker now is illegal. So, there is nothing like a caretaker in Nigeria again.”

In Osun State, there are 30 Local Government Areas, 32 Local Council Development Authorities, six Area Councils and one Administrative Office.

The last set of caretaker committee chairmen and members were appointed by Governor Adeleke in August 2023 and their tenure of office was extended by six months in February 2024.

Their tenure was supposed to end in August but they tendered their resignation prematurely.

When contacted, the Osun State Commissioner for Information and Public Enlightenment, Mr. Kolapo Alimi, confirmed the resignation of the LG caretakers

 At least thirteen other States that don’t have elected officials in their Local Governments, in reaction to the Supreme Court judgement, have hurriedly fixed dates for elections into the third tier of government.

Bauchi state for example has fixed Local Government polls into its twenty councils for August 19.

Kogi state local government elections hold October 19 in twenty-one Local Governments.

The Kaduna State Independent Electoral Commission has also scheduled the council poll for October 19, 2024. There are twenty three (23) Local Government Areas in the state.

The states that have commenced council poll preparations include Kaduna, Kogi, Bauchi, Katsina, Osun, Enugu, Benue, Rivers, Jigawa, Imo, Kebbi, Abia, and Anambra states.

The states decided to fix dates for Local Government elections in the aftermath of last Thursday’s Supreme Court judgement which prohibited federal allocation to council being administered by caretaker committees.

The House of Representatives, on its part called on the federal government to withhold allocations to local governments run by officials not elected democratically.

It also directed Revenue Mobilisation and Allocation (RMFAC) to create a special account into which such monies would be paid until democratically elected representatives are put in place by such state governments.

The resolution of the House followed the adoption of a motion on the urgent need to address refusal of state governments to uphold democratic principles in the local government and the financial impropriety in unelected local government officials moved at plenary by Hon. Gaza Jonathan and Hon. Ademorin Kuye.

The House, therefore, mandated “the House Committee on Finance, Revenue Mobilisation and Allocation to withhold local government allocation for Local Government run by Officials not elected democratically.

“In the alternative, direct RMFAC to create a special account into which such monies will be paid until democratically elected representatives are put in place by such state governments.

“Mandate the office of the Attorney General of the Federation to institute legal action against any state that terminates the unexpired tenure of local government administration and direct RMFAC to withhold allocations due to such Local Government.”

According to data analysed by Dataphyte, Nigeria’s 36 states and the federal capital territory, Abuja, have pocketed or diverted over N15 trillion Federal Allocation meant for local governments areas in the last 12 years, depriving the nation’s third tier of government funds for desperately needed developmental projects,

Although that amount was allocated to the 774 local government areas in the country, there is no public information on what portion each local government received.

However, some prominent Nigerian lawyers have given support to the Supreme Court’s decision, citing it as a move to strengthen local government autonomy and curb corruption.

The decision is pivotal for grassroots development and accountability, potentially empowering local governments to operate independently.

Mike Ozhekome(SAN) said the supreme court judgement directing the Federal Government to pay allocations due to Local Government Areas directly to their account has now abolished the old practices of State-Local Government Joint Account. 

He stated that section 162 of the Constitution provides for a joint State-Local Government Account for onward distribution between states and LGAs but what has been happening is that the state governors have been way laying local governments funds along the way and thus impoverishing LGAs leaving them with nothing to work with. 

According to him, the Supreme Court is constitutionally empowered to save the situation as a policy court.

Public interest lawyer, Micheal Okejimi, said that aside from the Supreme Court being a policy Court according to the law, in the instant case, there are other provisions of the law where the apex Court can purposely interpret it to find a leeway for the benefit of the country.

Okejimi added that “even if the 1999 Constitution has not specifically said that the money should go directly to these local government council; when you now consider other provisions of the Constitution that the allocations is for the benefit of the local government,” this is where the powers “that the Supreme Court is a policy Court comes in.” 

Joe Agi (SAN),  also believes that the Supreme Court is a policy court that ought to intervene to strengthen the Nigerian democracy . He congratulated AGF Fagbemi for demonstrating the courage to take up the matter at the Supreme Court. 

According to him, the Supreme Court decided on the yearnings of the Nigerians at the grassroots level by making the recent pronouncement. 

“First, it has been the yearning of the entire nation, and the people, that they should allow local government to breathe. And so, for them to take that matter, I salute the courage. 

“And for the Supreme Court to put their stamp on it, it’s a laudable decision. And if you ask me again, it will deepen our democracy, ” Agi said. 

For real estate and public interest lawyer, Barrister Pelumi Jacob Olajengbesi, the Supreme Court is the final Court that has the authority to make laws. 

“When the Supreme Court talks about a thing and declares that this is the position, that is it. 

“So my advice is that all parties should just comply with what the Supreme Court has said so that the country can move forward.

Speaking to the press on Thursday, Association of Local Governments of Nigeria (ALGON), Director General,  Itiako Ikpokpo said the Nigerian people will enjoy the benefits of good governance at the grassroots, and that “the people will hold chairmen accountable because the funds are going directly to them and I think that it is time for us to move this discussion forward.”