•Fate of Caretaker committees, LCDAs hangs in balance •As nation awaits fight back by govs •Question marks over federalism, restructuring
A panic button about the funds for the running of local governments appeared to have been pressed in no fewer than 437 local governments areas spread across 19 states of the federation, following the imminent suspension of their federal allocations as a result of last Thursday’s ruling of the Supreme Court.
The apex court, had in its ruling pursuant to the suit brought before it by the Attorney General of the Federation and Minister of Justice, Lateef Fagbemi, SAN, granted financial autonomy to the 774 local government areas (LGA) recognised by the 1999 Constitution and outlawed the penchant of state governors to institute caretaker committees or dissolve democratically elected structures in the councils.
Investigations revealed that uncertainty now pervades the scenario in no fewer than 19 states of the federation which are currently running one caretaker system or the other, a development that meant that they have run foul of the ruling of the apex court, which has empowered the federal government to withhold allocations to councils without democratically elected administrations.
The Supreme Court had in a unanimous ruling of its seven-man panel, whose lead judgment was read by Justice Emmanuel Agim, held that it was unconstitutional for state governments to tamper with the allocations due to the local governments, while also outlawing the operation of the caretaker system in the councils, among other declarations.
The judgment ordered the Federation Account to henceforth pay all monies including shares from taxes and other sources meant to the councils directly to their accounts. The court barred governors from dissolving democratically elected officials of local governments, while also declaring that it is unconstitutional for governors to tamper with council funds. The court said the 774 local government councils should be allowed to manage their funds. The Federation Account was empowered to withhold funds meant for councils that operate the caretaker system.
Attorney General of the Federation and Minister of Justice, had while commenting on the judgment of the apex court, declared that the ruling took immediate effect, an indication that councils that failed to comply will start having their funds confiscated from the next meeting of the Federation Accounts Allocation Committee (FAAC), this month.
Investigations revealed that the 437 LGAs hammer is set to fall on are in the following states: Rivers(23); Jigawa (27); Anambra (21); Zamfara (14); Benue (23); Bauchi (20); Plateau(17); Abia(17); Katsina (34); Enugu (17); Cross Rivers(18); Sokoto (23); Kano(44); Yobe (17); Ondo(18); Osun (30); Akwa-Ibom (31); Imo (27 and Kwara (16). Delta State, which held elections for its 25 local governments on Saturday might be able to escape the hammer if the democratic structure is put in place before the next FAAC meeting.
Investigations further revealed that even as the governors prepare for a meeting to fully dissect the implications of the July 11 judgment of the apex court, some government houses are already contemplating likely ways out of the possible financial squeeze.
For instance, several states which have entered into what they termed “joint projects” which tied the funds accruing to the local governments to such projects were said to be panicky as such projects may be difficult to fund henceforth.
Though the Chairman of the Nigerian Governors’ Forum and Governor of Kwara State, Alhaji Abdurahman Abdurazaq, had in an initial response declared that the Supreme Court ruling had lifted a big burden off the shoulders of the state governors whom he said had been bailing out the local governments financially, not a few Nigerians believe that the situation has been the other way round.
However, the Chairman, of the Senate Services Committee, who is the Senator representing Kogi West Senatorial District, Senator Sunday Karimi, has said that Nigerians should expect a fightback from some state governors over the Supreme Court ruling.
Karimi stated that a key gray area in the management of the local governments is the need for the transfer of responsibility for the conduct of elections to the local councils from the various state electoral bodies to the Independent National Electoral Commission (INEC).
He said: “The battle is not yet over; some state governors will fight back. President Tinubu allowed the judiciary a free hand to operate in this particular instance, irrespective of the fact that he is but a first-term president who may desire a comeback in 2027.
“I thank Mr President for mustering the courage to do the right thing. Since 1999, the third tier of government, literally speaking, has been nonexistent. State governments treated them as appendages of the state governments.
“No president has been able to change that. But, within one year, however, President Tinubu has returned the local government to its owners—the masses. Local governments, if well-operated, will ensure a better existence for our people. President Tinubu took due cognizance of this and courageously took the bull by the horns.”
Caretaker Committee members at crossroads in states
Members of the caretaker committees set up by some state governors to run the affairs of the local governments in their domain are now at a crossroads, following last Thursday’s judgment of the Supreme Court which stopped federal allocations to local councils without democratically elected executives. The court also declared as an aberration to have a caretaker committee administer the local government, ordering the stoppage of federal allocations to states that failed to conform to the constitutional provision that elected chairmen and councilors must run the councils.
Reports from the states indicated mixed feelings in the affected states where local government executives have been dissolved, and replaced by caretaker committees or even civil servants.
The feeling of uncertainty is equally prevailing in states where governors conducted elections that produced chairmen and councillors in Local Government Development Areas, created by states from the existing local governments listed in the 1999 Constitution.
We are at a crossroads —19 Ekiti LCDAs chairmen
The chairmen of the 19 Local Council Development Areas (LCDAs) in Ekiti State at the weekend expressed worry and concern over the running of their affairs following the judgment of the Supreme Court on the recognition of the 774 LGAs listed in the 1999 Constitution in terms of financial autonomy.
In 2021, the administration of a former governor of the state, Dr Kayode Fayemi through the House of Assembly, created the LCDAs, in addition to the existing 16 LGAs contained in the 1999 Constitution.
A cross-section of the chairmen, who spoke with the Nigerian Tribune and pleaded anonymity, said there is a need for Governor Biodun Oyebanji, to call an extended meeting where the implications of the judgment would be discussed.
They argued that since the Supreme Court ordered that federal allocation should be sent directly to the 16 recognised LGAs in the state, without mentioning the LCDAs, the issue of accountability would make it extremely difficult for the LCDAs to function optimally under them.
One of the chairmen said, “Since last week’s judgment, we, as chairmen, are at a crossroads because the Supreme Court did not capture us in its judgment. We were created by the state House of Assembly.
“Now that allocation will be given directly to the original 16 LGAs as in the case in Ekiti, the issue of accountability will be brought to bear, especially since it will be on record what they will get going forward.
“I think it is going to involve a lot of discussions and analysis and we are hoping the governor will call us and other stakeholders to talk about the way forward. We need to know what will happen in the interest of the people.”
In his reaction, the Ekiti state chairman of the Association of Local Governments of Nigeria (ALGON) Olusegun Ojo, commended the judgment; adding that it would further help in bringing dividends of democracy to the people at the grassroots.
Ojo, who is the chairman of Ekiti East LGA, explained that the administration of Oyebanji had, over the years, supported the financial autonomy of the council areas, which he said has resulted in the series of projects and programmes by the chairmen for the people.
He said: “The judgment is a welcome development, as a nation that is law-abiding. It is going to bring good development to the communities. It is something that every lover of the rule of law has to embrace. For us in Ekiti, we don’t have a problem with the judgment.
“If you recall recently, Ekiti was described as one of the three states in which the Local government operation could be compared to a situation where we have autonomy.
“This judgment will only complement the efforts of Governor Biodun Oyebanji at ensuring fiscal independence for local governments.”
Uncertainty surrounds LG/LCDAs in Ondo
Following the Supreme Court judgment, uncertainty appears to surround the fate of the caretaker committees in the 18 local government areas and the Local Council Development Areas (LCDAs) in Ondo State.
Governor Lucky Aiyedatiwa, had on Wednesday last week constituted Transition Committees for the 18 local government areas and 33 LCDAs in the state, saying the move became necessary because of the inability of the state Independent Electoral Commission (ODIEC), to conduct the local government elections after a series of postponement.
He said that the committees are to oversee the affairs of the local governments and the LCDAs in the state until the local government election is held by the state electoral body. The Supreme Court judgment has now left members of the caretaker committees. officials and workers of the local governments and the LCDAs are at a crossroads, especially as the judgment is to take immediate effect.
In its reaction, the main opposition Peoples Democratic Party (PDP) has described Aiyedatiwa’s action as a flagrant disrespect to an earlier judgment by an Ondo State High Court.
“It is the height of lawlessness and impunity for Aiyedatiwa to appoint committees for LCDAs that are non-existent in the eyes of the law,” the party said.
The Labour Party in the state has also kicked against the appointment of the caretaker chairmen and transition committees for the 18 local governments, and the 33 LCDAs, saying that the action amounts to illegality.
LP chairman in the state, Honourable Abiodun Agbaje, said: “Ondo Labour Party vehemently rejects the action of the Ondo State government for appointing new caretaker chairmen and transition committee for the 18 local governments across the state as well as the newly created 33 LCDAs which were already scrapped by a court judgment.”
However, the state’s Commissioner for Local Government and Chieftaincy Affairs, Mr Amidu Takuro, argued that the local government election cannot be held immediately and that the transition committees were constituted to run the affairs of the local government and LCDAs.
Sokoto LG caretaker members worried by Supreme Court’s ruling
Members of the local government caretaker committees in Sokoto State have expressed worries over the implementation of the ruling of the apex court.
A member of the caretaker committees who spoke on behalf of his colleagues under the condition of anonymity, however, said that the judgment, if implemented, will improve the living conditions of the people at the grassroots level.
“I just believe the Federal Government, having secured this landmark judgment, will have the political will to ensure the full implementation.
“When implemented, the judgment will definitely free local governments from the grip of state governors, who have turned us to cash out.
“It will aid development at the grassroots as well and we as members of ALGON nationwide, will intensify efforts to ensure the judgment is fully implemented,” he added.
Also speaking, Akibu Abubakar, a civil society activist on good governance, commended the Federal Government for initiating the court case in the first instance but warned both the federal and state governments not to tamper with the judgment, while calling for its full implementation to boost development at the grassroots.
Sole administrators run affairs in Jigawa, NULGE welcomes Supreme Court ruling
Local government councils in Jigawa State are presently being led by the Directors of Administration and Strategy (DAS) as sole administrators, following the dissolution of the 27 local government executives by Governor Malam Umar Namadi.
The governor, through his Commissioner for Local Government and Chieftaincy Affairs, announced the dissolution on June 30, at the expiration of the three-year tenure of the elected chairmen and councilors.
Malam Umar Namadi has directed the director of administration to take over immediately with a plan to constitute local government councils caretakers committee pending the time the elections will be conducted, the commissioner had said.
However, the governor has neither set up the caretaker committee nor commenced any preparation for fresh council elections as of the time the Supreme Court gave its ruling on July 11.
While speaking on the judgment of the apex court, the chairman of the Jigawa State branch of the Nigeria Union of Local Government Employees (NULGE), Comrade Abubakar Garba Shitu said it would bring succour to the people, as “It is something that we were expecting a long time ago.
“Though this did not affect us in Jigawa state as local government councils are autonomous; all the councils are receiving all their federal allocations in full,” he said.
Katsina to hold LG election in 2025
Though the tenure of the local government executives in Katsina state expired in April this year, the state government has only fixed the conduct of the local government election for February 2025. That development puts the state in the bracket of those that might receive zero allocation once the judgment of the Supreme Court comes into effect.
The decision by the state government has also drawn flak from opposition parties in the state, with Alhaji Lawal Dan-Ade, spokesperson of PDP in Katsina State saying that any decision to withhold local government allocations by the Federal government is welcome.
He said: “As far as we are concerned, the present local government chairmen in Katsina State are not elected, they are simply caretaker chairmen. We suspect, shifting the date of the elections by one year, is just to find grace of manipulations during the elections.
“It’s evident, how the ruling party, the APC allocated the slots to the people who are loyal to the governor; from that, you know he is preparing ground for the 2027 general elections.
“Now that the Federal government has decided to withhold the local governments’ monthly allocation, let us see whether they are going to reverse the election date; we live to see how the local governments are going to be administered.”
Caretaker chairmen in Kano raise concerns
Mixed reactions among stakeholders in Kano State are still trailing the Supreme Court decision granting financial autonomy to the local governments.
However, most of the interim caretaker chairmen, who preferred anonymity when contacted by the Nigerian Tribune, were split on the autonomy for the local governments in the country.
While a few of them said it was a welcome development, others said it could pave the way for elected chairmen to spend recklessly without proper checks and balances.
“We are not disturbed because our tenure was just six months since we were appointed by the state governor, Abba Kabir Yusuf,” one of them said.
Others stated that the judgment will fast-track election process the moment the governor is aware that unelected caretaker chairmen will not be given federal allocation.
Osun to conduct LG poll in Feb 2025
In Osun, the state Independent Election Commission (OSSIEC) had earlier announced that the local government election will be held in February 2025 without giving a specific date.
Reacting to the Supreme Court judgment granting financial autonomy to local councils, the state chapter of the All Progressives Congress (APC) described it as a welcome development.
The chairman of the party in the state, Sooko Tajudeen Lawal, in a statement signed by the party’s Director of Media and Information, Chief Kola Olabisi, explained that the situation would catalyse, fast track and percolate the development of the rural areas as there would not be any excuse for any of the local government council chairmen not to perform.
Also, the state chapter of the Peoples Democratic Party (PDP) said it “welcomes the judgment as a law-abiding political party; the judgment came from the final and the highest court of law in Nigeria and it behooves every law-abiding citizen to respect the judgment.”
PDP’s spokesperson in the state, Mr. Oladele Bamiji, said in a statement: “The judgment to us, is a landmark development that we believe, will breed conversations capable of shaping our national life and necessary restructuring the nation requires for even development from top to the bottom of all tiers of governance in the country.”
Zamfara: Stakeholders divided over LG autonomy
In Zamfara, members of the local government caretaker committees in the state described the financial autonomy granted LGs as a good omen that would bring more development to the grassroots.
According to the caretaker committee chairman of Gusau Local Area, Yahaya Garba, the development will bring more dividends of democracy to the people.
However, he explained that caretaker committee members were appointed based on their track records, stressing that they were screened by the state House of Assembly, and the final list assented by the governor.
“My fear is that I believe stopping allocation to caretaker committees will bring a setback in some local government councils, where developmental projects initiated by caretaker committees are ongoing,” he said.
A former sole administrator of Gusau local government, Hon. Aliyu Umar Nasko, however, claimed that many of the caretaker committee members were appointed on the basis of political godfatherism.
He said: “The provision of appointing council caretaker chairman is that a civil servant of not less than GL 13, but now, the case is not as it should be. Governors mostly appoint politicians, not educationists.
“I’m of the opinion that due process should be followed in the local government; federal allocation should only be given to elected chairmen, not caretaker committees.”
Imo plans LG poll for Sept 21
Meanwhile, the Imo State Independent Electoral Commission (ISIEC) announced September 21 for the conduct of local government election in the 27 local government areas of the state.
ISIEC chairman, Chief Charles Ejiogu equally announced the recruitment of ad-hoc staff as part of their preparation for the election in the state.
The Social Democratic Party (SDP) has pegged its Nomination and Expression of Interest Forms at #150,000 and #50,000 for Chairmanship and Councillorship Positions respectively.
This was disclosed by the state chairman of the party, Ambassador Dr. Eluwa Ifeanyi Henry, in Owerri while speaking with the Nigerian Tribune.
Also, the ruling All Progressives Congress (APC) pegged its chairmanship and councillorship forms to N3 million and N1 million respectively.
The chairman of the party in the state, Honourable MacDonald Ebere, during a stakeholders’ meeting at the weekend, also announced the commencement of the sale of Expression of Interest and Nomination forms for the upcoming Local Government Council Elections.
Anambra: APC demands immediate conduct of LG polls
The South-East Organising Secretary, of the APC, Mr. Dozie Ikedife (Jnr) has welcomed the ruling of the Supreme Court and charged Governor Charles Chukwuma Soludo of Anambra State to immediately conduct local government election in the state.
In a chat with the Nigerian Tribune in Nnewi, at the weekend, Ikedife said that the financial autonomy of LG will boost development at the grassroots.
“I am delighted that finally the APC-led Federal Government of Senator Bola Tinubu through the recent Supreme Court judgment on the Autonomy of the third tier of government will finally force Governor Soludo of Anambra State to conduct local government area elections.
“Governor Soludo, will despite his lies, conduct LGA elections which he promised to do in six months from assumption of office but failed to do so.
“I wish to congratulate President Tinubu for this bold step in using the court to enforce the constitution of our country.
“Anambra voters are excited and we in the APC are happy with this new development as Anambra citizens will exercise their franchise to elect their council Chairmen and councilors, “he said.
Scenario in Kebbi
In Kebbi State, the state Independent Electoral Commission had fixed a new election for the dissolved executives in the 21 local governments for August 31, 2024.
Recently, the Inter-Party Advisory Council of Nigeria (IPAC), demanded a comprehensive electoral guideline from KESIEC towards the elections, advising that the election should be transparent and credible for all parties in the state.
The tenure of the executives elected in the last local government poll held on March 3, 2021, expired on April 3, 2024. Consequently, the councils were dissolved and caretaker committee members were sworn in
Rivers CTC chairmen busy dispensing perks of office, despite Supreme Court judgment
The recently appointed chairmen and members of the caretaker committees in the 23 local government councils in Rivers State seem to be oblivious to the recent Supreme Court judgment affirming the illegality of the caretaker committee system in the administration of the local government areas.
The caretaker chairmen were preoccupied with dispensing the perks of their new offices with a seeming competition of who would appoint the most number of aides ranging from 300 to as many as 1,000 per chairman, even though their interim period is expected not to last more than three months.
The CTC members were appointed in June after the expiration of the three-year tenure of immediate past elected chairmen and councillors.
Days after the last Thursday’s judgment of the Supreme Court which granted autonomy to the local governments the newly appointed Caretaker Committee Chairmen have not made any comments on the ruling. Many of them have however been busy announcing the appointment of hundreds of special and personal aides to work with them.
They are however equally concerned about the continued occupation of the local government secretariats by the police despite the ruling of a high court last week, which nullified the extension of the tenure of the former elected local government officials by a Port Harcourt High Court.
Question marks over federalism, restructuring
Though a number of Nigerians have hailed the ruling of the Supreme Court because of its possibility to free the 774 LGAs from financial control of the governors, the Pan-Yoruba Socio-political Organisation, Afenifere, and the Pan-Igbo socio-cultural organisation, Ohanaeze Ndigbo have rejected the ruling, describing it as a stab at the back for true federalism.
Afenifere, in a statement by the leader, Chief Ayo Adebanjo, and the National Public Secretary, Prince Justice Faloye, said that the ruling of the apex court amounts to “a mere judicial conspiracy.”
“Rather than interpret the constitution to uphold its elementary but overriding federal principle which recognises only a two-tier federal structure of the central government and federating states, the Supreme Court played to the gallery and wittingly allowed itself a most retrogressive declaration that the power of the government is portioned into three arms of government, the federal, the state and the local government.
“While Afenifere frowns at corruption and misuse of public funds at levels of government, it condemns in most unmistaken terms the subjugation of the states and its constitutional roles, including the local government system to the whims and caprices of the federal government by any means, including obvious manipulation of the federation account as in the present case,” Afenifere said.
Ohanaeze Ndigbo, is, however, of the view that for the judgment to enhance grassroots development, elections into the councils must be removed from the closets of the state independent electoral commissions.
The body’s National Publicity Secretary of the Ohanaeze Ndigbo, Alex Ogbonnia had said: “So we are very much interested in grassroots development. However, for the Supreme Court judgment to have full meaning, it must be independent and the state’s independent electoral commission has to be reviewed. So long as the electoral body is managed by the state government, it will become very difficult for any other person to win an election in a state where the state government is in charge of the electoral body. In a nutshell, Ohanaeze is in support of the grassroots development.”
“What the Federal Government is looking for is unachievable if the state electoral body conducts the local government election, what they are looking for will be unattainable. As long as the state government is in charge of the electoral body that conducts the election into local government councils.” (Culled from Nigerian Tribune)
