LG autonomy: Sanjay vs Akande II - the fireworks

LG autonomy: Sanjay vs Akande II – the fireworks

Khalid ABRAHAM

Advertisement.

The subject of local government autonomy in Nigeria has become a very sensitive issue owing to the lack of grassroots development associated with its abrogation so to say by the state governors. A Supreme Court judgement restoring local government autonomy rejuvenated the hope of the people at the grassroots since it is seen as sine qua non to development and many other social benefits at the grassroots level. True, in the past when local government autonomy held sway authorities at that tier of government could independently execute projects like roads, embark on empowerment programmes, build skill acquisition centres, rehabilitate schools, strengthen health centres, offer employments and so on. But since the restraint imposed by most state governors the fortunes of people at the grassroots have nosedived.

The Supreme Court judgement in 2024 thus heartened not a few people, however, its implementation is yet to be achieved and the (most recent) status quo has remained.

The Majority Leader of the Oyo State House of Assembly Hon Sanjo Onaolapo Adedoyin recently in an interview with ogbomosoinsightonline.com observed that for its full implementation to be achieved there was need for holistic and complete overhaul of sections of the Nigerian Constitution, relating to local government autonomy submitting that it is presently shrouded in ambiguity behind which governors “hide” and which they exploit.

Related Posts:

But in a swift reaction, Hon Adedoyin’s immediate predecessor as representative of Ogbomoso South state constituency, Hon Olukayode Solomon Akande II, also via Ogbomoso Insight, expressed a different opinion stressing the judgement is explicit and is hampered by no lacuna. He went on to berate Sanjay as the Majority Leader is popularly called as demonstrating “ignorance.”

In this piece, the arguments of the two political juggernauts, one in

the Peoples Democratic Party PDP and the other in the All Progressives Congress APC, are placed side by side including a new response by Sanjay to the opinion expressed by Akande II.

Hon Adedoyin

The issue of local government autonomy is shrouded in ambiguity, especially the constitutional provision does not guarantee autonomy for the local government. It goes beyond sentiment; fine, most of us are products of local government administration, myself, I have served in local government, and with the experience I had there, I always believe that having autonomy in the third tier of government is the best for the people in the grassroots but as is presently constituted, the Nigerian constitution does not support it. Look at the constitutional provision, when you follow the constitutional provision, section 4 of the constitution talks about legislature, when it mentions the legislature, it specifically mentions the Senate, House of Reps and House of Assembly, and it highlights the role to be played, the limitations of each of the Houses. The section 5 talks about the Executive, the federal executive headed by the president, the state executive to be headed by the governor, the next section is that of the Judiciary. Now, Section 7 talks about local government, the introductory part is the first ambiguity as it says something like (I may not be able to quote rightly), the state will make provision for local government administration, so, when it is talking about states, it says there will be 36 states in the federation, it highlights them, it says the states will make provision for local government administration, and they will determine through their Houses of Assembly, the structure, the composition, the financing the personnel and so many other things. …

He submitted that local government autonomy was implemented to the letter at the beginning of this Republic, 1999, saying, “You know that we were just coming from military administration then, most of the governors didn’t know their rights very well, most of them couldn’t even interpret properly most of the provisions of the constitution very well then, but as time rolls when most of the governors, most of the honourables, get to master the constitution very well, they started to exploit that provision.

There has to be comprehensive amendment of the constitution. That is where the ambiguity is. Supreme Court gave a judgment but the ground norm, which is the constitution, made that provision and that is where the governors are hiding. This is the constitution of the Federal Republic of Nigeria, and it supersedes any other thing.

The National Assembly needs to initiate the process of comprehensive amendment of the constitution, pass it to the state assemblies for us to do concurrent legislation on it. They will list it in the constitution that there are 774 local governments in Nigeria, not that the state will make provision, the constitution has to make provision not the states (as is presently provided). If you make provision for something, it is under your control and the states assemblies have to legislate. We are the only authority that can approve autonomy for local government.

So, we still have a long way to go.

Advertisement.

Hon Akande

The view of Honourable Sanjo Adedoyin on local government autonomy was clear evidence of his ignorance of the law and the fundamental import of the judgement of the Supreme Court of Nigeria. That is why it is important to be current and on the part of the electorate, it is important they allow the right person to occupy a particular office.

The judgement of the Supreme Court of Nigeria by legal education is a case law. Case law indisputably, is one of the major sources of law in Nigeria. The Supreme Court of Nigeria in the judgement of 2024 pronounced local government as the third tier of government and awarded it a financial autonomy which is the fulcrum of all autonomies expected of a local government to have. Others are: administrative autonomy, political autonomy and service delivery.

Already by virtue of the provision of Section 7 of the 1999 Constitution of the Federal Republic of Nigeria as amended, the local government administration has been established to be autonomous when it is stated that ‘there shall be a democratically elected local government council.’ By literal rule of interpretation, it implies independence of the local government administration in Nigeria.

Quid pro quo, the judgement of the Supreme Court of Nigeria on local government autonomy is direct, positive and meaningful, devoid of ambiguity or bewilderment. The autonomy as pronounced by the Supreme Court is being threatened by the state government’s undue interference, joint account system abuse, corruption and lack of infrastructural development which the current state legislators are chicken hearted to hold the state governors responsible for. While the amendment to the Constitution is important, it is important to assert authoritatively that the Supreme Court of Nigeria’s judgment is a case law that must be obeyed by all authorities and it is functus officio. Now is the time to end jejune representation in our legislative assemblies.

Hon Adedoyin has fired back nonetheless

There is nothing in his interview. Section 7 of the constitution states clearly that state governments will make arrangements for the existence of local government administration in their respective states and they will determine its structure, finances, administration etc through the instrumentality of the state assembly.

Section 146 talks about joint allocation as quoted by him which is a clear indication that the said autonomy is an ambiguity.

Then Akande hits out with another rejoinder

I reiterate unequivocally that Honourable Sanjo Adedoyin is blatantly ignorant of the constitutional import and efficacy of the judgement of the Supreme Court of Nigeria on local government autonomy. He needs to be properly educated may be in a Constitutional Law class or better still; I refer him to the article I wrote on the judgement published in the Nigerian Tribune newspaper in 2024. I’m not surprised by his position because he is one of those stifling the infrastructural development of local government areas in Oyo State as they aid and abet the state governor in challenging the judgement of the apex court of the land.

It is an anomaly that will be addressed and put right when we have the right people in government but those that perpetrated the illegality will not go scot-free.

The case law of the Supreme Court is sacrosanct. When the Supreme Court affirmed the independence of local government and recognized it as a third tier of government in the spirit and letter of Section 7 of the 1999 Constitution of the Federal Republic of Nigeria as amended, every right thinking Nigerian applauded the judgement. Is Honourable Sanjo Adedoyin now the one to give the constitutional provision another interpretation? He ought to know that the interpretation of law is not akin to the consumption of amala and the drinking of beer.

Note: The article has been updated after Hon Akande sent another rejoinder