Why It’s Unconstitutional And Illegal To Appoint Caretaker/Laison Officers In Edo State

Why It’s Unconstitutional And Illegal To Appoint Caretaker/Laison Officers In Edo State

You may recall that the elected Chairmen and Councilors of Edo State’s 18 (eighteen) Local Government Councils completed their terms in office in 2020.

However, the Governor of Edo State, Mr. Godwin Obaseki, has refused/ignored holding an election to elect other officials to these councils. Rather, he proceeded, first by delegating control and management of these councils to civil servants known as Heads of Local Government Administration (HOLGA), who held the reins for nearly a year and a half.

Following that, there was a series of election scheduling/postponements until recently, when the Governor allegedly sent some names of people to a group of acolytes he unabashedly refers to as the “House of Assembly,” parading such people as “liaison officers” to administer these local government councils.

This is an illegal act that should not be tolerated.

As a result, I proceed to expose the unconstitutionality/illegality of the proposed contraption under whatever nomenclature the Governor proposes;

Section 7(1) of the 1999 Constitution (as amended) provides that:

The system of local government by democratically elected local government councils is under this constitution guaranteed; accordingly, the government of every state shall subject to section 8 of this Constitution, ensure their existence under a law that provides for the establishment, structure, composition, finance and functions of such councils.

Section 1 (2) of the extant constitution provides that:

The Federal Republic of Nigeria shall not be governed nor shall any person or group of persons take control of the government of Nigeria or any part thereof except in accordance with the provisions of this constitution.

Section 1 (3) of the extant constitution provides that:

If any other law is inconsistent with the provisions of this constitution, this constitution shall prevail, and that other laws shall to the extent of the inconsistency be void.

Any law made by any state house of assembly in Nigeria that gives power to caretaker committees to administer local government councils is voided because the law is inconsistent with the provisions of the extant constitution, and the constitution shall prevail.

The 1976 Local Government reform definition:

Government at the local level is exercised through representative councils constituted by law to implement and exercise powers within a defined area. These powers give the council substantial control over local affairs including staffing, institutional and financial powers to initiate and direct the provision of service and to determine and implement projects so as to compliment the activities of the state and federal governments in their areas, and ensure, through devolution of these functions to those councils and through the active participation of the people and their traditional Ruler.

The Court Judgement

Whereas Governor Obaseki now purports to “appoint” some persons as administrators in the local government councils, there is a specific pending High Court judgment that prevents him from doing so.

Specifically, in SUIT NO: B/2/OS/2013: TONY ABUMERE OKONIGENE V THE GOVERNOR OF EDO STATE & 2ORS, the Court presided over by Honourable Justice T. Akomolafe-Wilson held that by virtue of the provisions of sections 7(1) of the 1999 Constitution (as amended) and more specifically, section 10(4) – (10) of the Edo State Local Government Amendment Law of 2000, the Governor lacked the powers to handpick and recommend persons not democratically elected for appointment as members of a local government transition committee.

Conclusion

Governor Obaseki should step on delivering legacy projects of his government rather than concentrating on peripheral challenges that development partners and NGOs could effectively deliver. Edo people are grumbling and murmuring about great promises but the Governor only delivers mere tokens. But the people must do much more than whispering complains and disappointments. As we must hold government accountable for their action and inaction.

More significantly, we stand up to stop the trend of turning democracy to dictatorship in our state. Rather than be cowed into submission, we must be spurred to unbendingly resist the allure of the political “strongman’. Democracy is alien to leadership philosophy of the ‘strongman’. Rather democracy is a beautiful system anchored on the will of the people and upon this anvil, our faith and confidence shall not waiver!

Washington Osa Osifo, PhD.
Princewashington@yahoo.com