Governor Uba Sani Bello and the Kaduna State House of Assembly should allow the elected council chairmen and the councilors to complete their three-year tenure as enshrined in the state law, as any reduction will be illegal.
The chairmen of the 23 local government areas of the state and their 255 councilors are presently stricken by growing anxiety due to the alleged move by the executive arm of government and the House of Assembly to reduce their tenure from three to two years and replace them with a caretaker committee. The anxiety became heightened after the House of Assembly reportedly passed for the third reading a bill to amend the Kaduna State Local Government Law, 2018 to effect the reduction.
It was learnt that the proposed amended law also stipulates that the governor has the power, four months before the expiration of the two-year tenure of the elected council chairmen, to dissolve the councils. It was alleged that Governor Bello is strongly backing the truncation of the tenure of the chairmen and their councilors and the dissolution of the local government so as to consolidate his hold on power and facilitate installation of his loyalists as caretaker chairmen before another election would be conducted in the state.
Though Sani and his Chief Press Secretary, Muhammad Lawal Shehu, have denied the allegation, we state that truncation of the tenure of the elected chairmen and councilors is unconstitutional and a gross abuse of power. There is no provision in either the Kaduna State Local Government Law, 2018 or the 1999 Constitution for the governor or the state government to reduce the tenure of the elected chairmen and their councilors. There is also no provision for a caretaker committee to govern the local councils. The chairmen and councilors were duly elected to serve a period of three years under the law and can only vacate office upon cessation of the three years period, committal of acts adjudged to be a misconduct, permanent incapacity, resignation or death.
Therefore, the chairmen and their councilors should be allowed to complete their tenure uninterrupted. It is illegal and unacceptable to reduce their tenure to two years or any other number of years. The Rule of Law ought to prevail against any capricious and arbitrary exercise of power. Under the Rule of Law, the rights of the 23 chairmen and their councilors should be safeguarded. Such rights and respect for the Rule of Law are the bedrock upon which society bases its claim to civilisation. Democracy without the Rule of Law cannot facilitate democratic dividends. It is in this context that the alleged plan to reduce the tenure of the elected chairmen and their councilors as well as impose a caretaker committee is regretful.
By virtue of section 7 (1) of the 1999 Constitution, the system of local government by democratically elected local government councils is recognised. In fact, under the 1999 Constitution, the states can delegate specific powers to the local government but cannot, without being in contravention of the constitution, derogate from the prescribed list. Also, in matters of finance, the state government can only make provision for additional funds to local governments since all the Houses of Assembly could do is to give legal recognition to the prescription of the National Assembly. But unfortunately in practice, local governments in Nigeria are just puppets of state governments. The governors and state governments have been suppressing their local councils. Oftentimes, allocations disbursed to local governments are intentionally withheld by the state governments.
The manner in which local governments are being administered in the various states of the Federation is a mockery of presidential democracy. It is a ridicule of adherence to constitutional provisions on the devolution of powers among constituent units within the Nigerian federation. To begin with, most governors in Nigeria have refused to conduct local government elections in their states. Rather than do so, they prefer to nominate their preferred candidates as caretaker chairmen, executive secretaries, or secretaries to run the affairs of the local governments. In some states, the state government and local governments operate a joint account that leaves the local councils worse off and deprives them of the funds they badly need to fulfill their functions. Acting in this despotic way, the governors truly constitute impediments to the expected performance, effectiveness, and service delivery of democracy at the grassroots in Nigeria.
The Kaduna State government and other state governments should remember that local government councils are recognised as a third-tier of government by the Nigerian Constitution, with a degree of autonomy and independence. It is a pity that we are not practising true federalism in Nigeria. If we were, the levels of government should have been autonomous in a way and coterminous such that local governments should have constitutional power as independent entities. The local governments are constantly suppressed and appended to state governments. Such suppression and appendage undermine democratic principles, such as decentralisation, popular representation, and popular participation.
More importantly, sovereignty in our democracy belongs to the people. Local governments, which are the closest to the people, are best positioned to address local needs and actualise the sovereignty of the people. Local governments foster people’s rights, community engagement, participation, and ownership, essential for sustainable development. By manipulating local government councils, state governors scuttle Nigeria’s democratic growth, undermine grassroots development, and destroy the human flourishing of citizens.
Local governments should flourish according to the law. Essentially, local governments should be allowed to enjoy financial autonomy. They should have their revenue sources and allocations, which should be managed independently without interference from state governors. In terms of accountability and transparency, local governments should be accountable to their citizens, not to state governors or state governments.
Allowing local governments to function independently will strengthen Nigeria’s federal system, promote unity through diversity, as well as address the needs of the local people.
