A Human Rights Activist, Mr Malachy Ugwummadu, has called on the National Assembly to amend the constitution to strengthen Local Government autonomy.
He made the call while reacting to the Supreme Court landmark judgment on financial autonomy of the 774 Local Government Areas (LGAs).
Speaking to a correspondent of the News Agency of Nigeria (NAN) on Sunday in Lagos, the lawyer noted that it was important to ensure that other laws were also amended in the states, particularly the laws establishing independent electoral commissions in the states.
The former national president of the Committee for the Defence of Human Rights (CDHR), said the law that established the independent electoral commissions in the states was in Part 11 of the third schedule of the 1999 Constitution.
He added that their powers were specified under Section 7 of the fourth schedule to the 1999 constitution.
“Thus, it is very doubtful whether the respective State Houses of Assembly can outsource their legislative powers to the National Assembly or make laws binding on the Federal Government.
“Similarly, Section 15 (a) of item F in the third Schedule of the Constitution of the Federal Republic of Nigeria 1999 (as amended) does not grant INEC powers to conduct elections into local government councils in Nigeria.
“Thus, the amendment would empower an independent body to be constituted at state levels, through public nominations for elections through stakeholders in the respective states or by state judicial service commission.
“The focus is to attain independence and impartiality of the election management team at state levels, otherwise, the window of collaboration provided under Sections 14(3), 15(a)(h) and (i) as well as Section 4(b) of Part 11 of third schedule are sufficient to allow INEC to undertake the conduct of elections into local councils, pending the amendment of the relevant provisions of the constitution,” he stated.
The human rights lawyer further said that in respect of the joint account under Section 62(6) of the 1999 Constitution, the position of the Supreme Court, which was effectively the law, was that monies standing to the credit of the LGAs, should go directly to the councils, without the necessities of paying them into the designated joint accounts of the states.
“Considering that the Supreme Court judgment has just liberated and empowered the local government councils in Nigeria, it is now the law of the land, it takes effect from the day of the judgment, requiring no amendments or any appeal.
“However, the National Assembly, through the executive, could consider an executive bill to bring the affected provisions in conformity with the judgment, which is the law, pending any amendments of the constitution which is much more rigorous and long drawn,” Ugwummadu said.
Also speaking, another Lagos-based Lawyer, Mr Abdul Wahab, said that the supreme court judgment was out to correct “whatever odds that was embedded in the constitution and other ancillary laws that were associated with the running of the local government administration”.
Wahab said even if the National Assembly, by its own role, commenced measures by amending all offending sections of the constitution, the executive arm of government could also by executive bills to the lawmakers, make necessary amendments to the offending sections of the constitution.
According to him, not all issues will be resolved in line with the judgment of the court immediately, despite the fact that the court delivered the judgment which had since become law.
“It will take gradual steps for things to take shape and regarding the joint account, I am sure the states and local government councils in subsequent weeks, will put machinery in force to ensure compliance with the dictates of the judgment of the supreme court .
“Yes the constitution placed the control of the local government affairs under the State Houses of Assembly.
“However, the judgment of the supreme court is not unaware of these constitutional roles. However again, these state houses of assembly will not and cannot act beyond the role specified by the supreme court,”.
The lawyer, who said he was yet to read the judgment in full, noted that the little he had read, dealt with the financial autonomy, which completely removed the local government as an appendage of the state government.
According to him, the local government councils can sit with the legislative arm, to determine how they receive, generate their own income and how it has to be spent.
“Unfortunately, it is not yet a cruise for the councils, as the judgment also has grave implications for the local governments.
“This is because some of these states will also relinquish some of the responsibilities carried or shouldered, on behalf of the affected local councils, which will in effect, carry its own cross in line with the order of the supreme court.
“I hope and believe this will not affect the payment of the council staffers, execution of major projects and disaster management among others, which are being shared between the state and the local governments, before the judgment of the supreme court.
“The judgment has nothing to do with INEC because there are agitations too, regarding the power of the states conducting local elections.
“The autonomy granted by the apex court does not in any way affect or have anything to do with the conduct of elections, into the local councils,” Wahab said.
The lawyer further explained that the autonomy granted to local government councils did not in anyway, remove the powers of the state assemblies, to check and supervise the finance of the councils, as well as that of the state government.
According to him, the apex court judgment is a leeway to the good things to come in relation to the running of the affairs of the local government councils in the country.
