Supreme Court Judgment On Local Government Autonomy: Matters Arising By Polycarp

By Polycarp Onwubiko

Daily Trust Editorial August 8 2024 captioned: "Oyo local government chairmen must be called to order", is not in order. The Oyo state Governor, Seyi Makinde strongly kicked against the judgement on the ground that the Supreme Court judges overreached themselves by arrogating to themselves the power to amend the Constitution of the federal republic of Nigeria.

The Governor was perfectly in order because the Supreme Court judges have no right under the Constitution which is a supreme law of the land to arrogate to themselves the power to amend the Constitution. The power the Supreme Court judges have is to INTERPRET the Constitution with copious references to the provisions of the extant constitution pertaining to what it says about local government councils.

It is shocking that the Governors timidly accepted the fundamentally flawed Supreme Court judgment on the so-called "local government council autonomy". The constitution clearly stated that there should be STATE-LOCAL GOVERNMENT JOINT ACCOUNT, wherein the monthly statutory allocation of the local government councils should be paid into. Nobody has the authority to tamper with this very constitutional provision until the National Assembly in conjunction with the States House of Assembly amend the very provision. This process is enshrined in the Constitution. Then if this is so, by what authority did the Supreme Court judges brazenly usurped the constitutional mandate of the National Legislature?

Do you know why? This is because it is only in Nigeria that the president of a Federation with federal system of government, is overwhelmingly powerful, throwing his weight about while the State Governors tremble before him and lick his ass. What a shameless country Nigeria is?

What the enlightened and politically educated Nigerians had expected from the Supreme Court judges was to request the National Assembly to revisit the provisions on the local government council and abrogate the "State local government joint account" so that the monthly statutory revenue allocation will be sent to the local government councils.

Recall that what gave rise to the "State local government joint account" was the lamentations of the local government councils workers and pensioners that local government councils in the urban towns have many primary schools and pensioners with the result that (apart from mindless sleaze by the elected members of the local government councils) , the monthly revenue allocation including the internally generated revenues were not enough to pay the teachers and pensioners as and when due. That useless organization termed ALGON waded into the crises and passionately appealed the president, Chief Olusegun Obasanjo to create the "State local government joint account" which solved the problem of acculturated salary and pension debts.

However, the setting in the fundamentally and fraudulent cum flawed 1999 Constitution with the equally Federal-Unitary contraption, made local administration a THIRD TIER OF GOVERNMENT contrary to the norms in Federations the world over; in addition to the fact that military regime don't have the power to make and amend federal constitution. That is why there is a nationwide clarion calls for the immediate Restructuring of the lopsided Federation to reinvent True Federalism. In addition to the monstrous aberration, the military jackboots in cahoots with the "Fulani Oligarchy and Northern Political Emirate Establishment" created surplus local government councils in the North without doing same in the South. It was a hidden agenda as the military autocrats proceeded to create Federal Constituencies based on the number of local government councils in the state at the expense and detriment of the Southern part of the country because the cabal had envisaged a return to civilian government in 1999. The consequences of the North have majority members in the National Assembly is to enable the North have their way in all the Bills, Motions, and Resolutions passed irrespective of the feelings of the southern part of the country.

That is why they stridently kicked against restructuring the lopsided Federation which also entails Decentralized security architecture as a panacea to the pervasive and intractable insecurity throughout the country. But the Fulani Feudal Oligarchy don't care about the insecurity because their hidden agenda is to use the terrorists masquerading as herdsmen imported from the Sahel region of West Africa for ethnic cleansing and territorial expansion as foot soldiers for Islamization agenda.

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