- Apex court’s decision on local councils seals their inviolability by governors
Many governors’ penchant to dissolve elected local government councils has been declared invidious and contemptuous of the 1999 constitution (as amended), by the Supreme Court. In a landmark judgement, the apex court made far-reaching decisions to discourage the constitutional aberration which has been a common practice across party lines. Unfortunately, many governors see the local government councils as appendages, instead of a tier of the federation with constitutional protection.
Yet, section 7(1) of the constitution provides without equivocation: “The system of local government by democratically elected local government councils is under this constitution guaranteed; and accordingly, the government of every state shall subject to section 8 of this constitution, ensure their existence under a law which provides for the establishment, structure, composition, finance and functions of such councils.” We believe that this provision is clear enough for governors who wish to obey the constitution.
While it was the constitutional infractions of Governors Seyi Makinde of Oyo State, and Aminu Masari of Katsina State that precipitated the cases that went to the Supreme Court, there are several other governors who had shamefully abused the express provisions of the constitution with impunity. Of note, while Governor Makinde of the Peoples Democratic Party (PDP) dissolved the elected local government councils organised by the previous All Progressives Congress (APC) party, Governor Aminu Masari of the APC dissolved those organised by the departed PDP government.
So, the unconstitutional epidemic cuts across party lines, and the guilty governors take that insidious step to safeguard themselves, even though they lie to cover their sins. The usual excuse of course is accusing the local government elected councils of corrupt practices, to scurry public sympathy. As we write, about 10 states are operating illegal caretaker administrations at the local government level. They include Ogun, Katsina, Anambra, Kwara, Osun, Zamfara, Sokoto, Imo and Oyo states.
In some cases, the house of assembly shamefacedly sucked into the pit of the unconstitutional practice by their intransigent governors. Like in Katsina, the house of assembly passed a dubious resolution claiming that the local councils engaged in a corrupt practice and recommended their dissolution, while Oyo State government claimed the elections were conducted in violation of court order. In subjugating the local government councils, both the state executive and legislature show scant regard to the express provision of section 6(6) of the constitution which makes the courts arbiters in disputes between institutions of states.
Since the governors feign ignorance of the law, we wish to remind them that they derive the power to govern from the constitution, and that elected local government officials also derive their right to govern from the same constitution. So, just as it is unlawful for the president, or the federal executive council, or the National Assembly to sack an elected governor and the state legislature, it is a constitutional aberration for governors and state houses of assembly to think they can legitimately sack local government council officials. Anyone having any kind of issue with any local government should feel free to approach the courts which are the only institution assigned the role of adjudicating in such issues.
By the judgments of the Supreme Court, the two state governments are obliged to pay the sacked local government councillors all their entitlements from the period they were illegally sacked up to the end of their tenure. Of course, the states have also been paying those serving under the illegitimate contraption, called caretaker governments. So, because of the unconstitutional conducts of the two governors, their states would lose huge revenue paying two sets of people for one service.
We urge the Federal Government to use every constitutional means to defend the provision of section 7 of the 1999 constitution (as amended); in furtherance of the lucid judgments of the Supreme Court.
