(Being the Text of the Press Conference Addressed by the United Action for Change (aka Change Nigeria) on the 19th Day of December, 2016 at 10, AfolabiLesi Street, off Town Planning Way, Ilupeju, Lagos)
Gentlemen of the Press
It is not very much a pleasant occasion as we address you this morning on certain challenges confronting the Nigerian nation as per its third tier of government, i.e. the Local Government administration in Nigeria. The dictatorial tendencies and dispositions of State Governors who insist on democratic tenets only to protect their personal interests but launch concerted attacks on democracy at the grassroots call for serious concern from all and sundry. It is to this challenge we rise on this occasion and address you on the following issues:
Sine Qua Non Existence of Democratic Local Government
The system of local government by democratically elected local governmentis constitutionally guaranteed by Section 7 of the Constitution of the Federal Republic of Nigeria, 1999 (as altered). It is, therefore, mandatory for every State to ensure the existence of local government councils under a law which provides for the establishment, structure,composition, finance and functions of such councils in accordance with the stipulations ofSection 8 of the Constitution.
Thus, elections must be periodically and mandatorily conducted into Local Government Councils. So there is no place for the dissolution of Local Government Councils by State Governments or replacement of such by the appointments of Caretaker Committees or Sole Administrators as has become the norm in mostStates of the Federation. The Supreme Court of Nigeria has condemned this tyrannical and undemocratic practice in the case of Eze v. Governorof Abia State (2014) 5-7 SC(Pt. 1) 171@202 where their Lordships pronounced as follows:
“The frequent dissolution of local government and appointment of caretaker councils in this country is not only illegal but highly undemocratic.It amounts to executive recklessness for the 1stRespondent to remove from office democratically elected chairmen and councillors and replace them with unelected chairmen and councillors under whatever guise.”
The implication of the above is that, pursuant to the provision of Section 188 of the Constitution, a Governor who lends his official might to such illegality has committed an impeachable offence. It is certain that by Section 188(2) of the Constitution, a Governor can be removed from office due to committal of an act amounting to “gross misconduct”. By Section 188(11) of the same Constitution, “gross misconduct” is defined as
“a grave violation or breach of the provisions of this Constitution or a misconduct of such nature as amounts in the opinion in the House of Assembly to gross misconduct.”
In the same vein, any member of the House of Assembly who supports or promotes the passage of a law that compromises the independent and democratic existence of the Local Government Councils in a State has committed an act for which he could be recalled by the members of his constituency in accordance with the provision of Section 110 of the Constitution.
We hereby call on all Houses of Assembly of every State to commence an impeachment proceeding against any Governor who violates this inviolable prescription of the Constitution of the Federal Republic of Nigeria. In the same vein, people at the grassroots must demand the recall of any member of a House of Assembly that is party to the violation of the Constitution by promoting or sponsoring a bill aimed at destroying the Local Government Councils.
Local Government as a Third Tier of Government
Secondly, it is imperative to note that the principle of federalism does not necessarily and mandatorily connote a universal operation of two tiers of government as sought to be interpreted by certain characters in our political space. This is the stance of Niki Tobi, JSC, in Olafisoye v. F.R.N [2004] 4 NWLR (Pt. 864)580.Thus, the definition and composition of a federal structure must be in accordance with the stipulation of the Constitution of a country that opts to practise same. By the Constitution of the Federal Republic of Nigeria, our federalism is one of three tiers of government in which the Local Government Council is the third tier and the closest to the people. As a tier of government, its democratic existence cannot be compromised by any other tier of government as most recently decided a few days ago by the Supreme Court in the case of Governor of Ekiti State & 3 Ors. v. Prince SanmiOlubunmor&Anor. SC/120/2013 decided on Friday the 9th day of December, 2016.
The decision of the draftsman of the Constitution to create the Local Government as a third tier of government cannot be faulted by reference to American or Canadian systems. The wisdom in creating the Local Government as a tier of government in Nigeria is premised on the need to engender grassroots development which is present in America and Canada but is lacking in Nigeria.
Local Government Revenue Allocation
The issue of allocation of revenue to the Local Government is another avenue by which the State Governments have been subverting the democratic existence of the Local Governments. Our Constitution has further emphasised the existence of Local Government Councils as a democratic institution entitled to financial autonomy by the prescription of Section 162(3) thereof which prescribes as follows:
“Any amount standing to the credit of the Federation Account shall be distributed among the Federal and State Governments and the local government councils in each State on such terms and in such manner as may be prescribed by the National Assembly.”
Further to the above, Section 162(5) of the Constitution prescribes that
“The amount standing to the credit of local government councils in the Federation Account shall also be allocated to the State for the benefit of their local government councils on such terms and in such manner as may be prescribed by the National Assembly.”
The implication of the above is that the various Local Government Councils are entitled to various amounts from the Federation Account which must be protected in line with the prescription of the National Assembly. The State Governments do not have power to make deductions from such allocations and neither can they purloin such funds to the detriment of the Local Government Councils. In addition to the allocation coming from the Federation Account, the Constitution, by Section 162(7) further prescribes that
“Each State shall pay to local government councils in its area of jurisdiction such proportion of its total revenue on such terms and in such manner as may be prescribed by the National Assembly.”
The provision above has rather been observed in the breach by the various State Governments. It is unconstitutional for a State Government to make deductions from the allocations to the Local Government Councils under any guise. It is undemocratic as the Local Government Councils are denied the capacity to bring any meaningful development to the Council Areas. Rather than making further allocation from the State total revenue to the Local Government Councils as prescribed by the Constitution, most States, except for Kaduna State, has been denying the Local Government Councils of this constitutional revenue.
In this vein, we demand as follows:
- Immediate conduct of elections to fill the relevant offices of every Local Government Council in every State where same is not yet done and the aberration of Caretaker Committee or Sole Administrator is allowed to dominate;
- immediate commencement of impeachment proceedings by the House of Assembly against any Governor who is frustrating the democratic existence of Local Government Councils in any State of the Federation;
- immediate compliance with the Constitution by the members of the Houses of Assembly as they have sworn to protect and enforce same to the beneficial development of Nigerians.
- Where there is failure to observe the Constitution as stated above by the House of Assembly members, we urge the constituents of every Local Government Area to commence recall proceedings against any member who lends himself to this conscienceless violation of the Constitution.
The United Action for Change shall not hesitate to embark on a mobilisation of Nigerians for the full enforcement of these sacred stipulations of the Constitution.
For United Action for Change
AdemolaAdewale
Co-Ordinator
