October 23, 2024
The Honourable Speaker,
RT Hon. Mudashiru Obasa
Lagos State House of Assembly,
Alausa,
Ikeja,
Lagos.
Dear Sir,
RE: FEEDBACK ON THE PROPOSED LOCAL GOVERNMENT ADMINISTRATION BILL
We write on behalf of the Youth Party regarding the proposed Local Government Administration Bill currently under consideration by the House. While we commend the Legislature’s efforts to strengthen local governance, we have identified several provisions that warrant careful reconsideration to ensure the bill achieves its intended objectives while maintaining democratic principles.
We are hopeful that these amendments, if considered, could further enhance the bill’s potential to strengthen local governance and uphold democratic principles.Of particular concern is Section 30(1), which addresses the removal and suspension of local government officials. Our detailed analysis reveals potential implications for local government autonomy and democratic accountability that merit thoughtful deliberation.
We contend that nothing in this draft provides fair hearing or the opportunity for a defence before this conclusion is arrived at. We suggest an additional section to provide for an independent panel, set up and chaired by the Chief Judge of Lagos state that will review the defence of the accused chairman and make recommendations to the House of Assembly.
Since elected local government chairmen hold executive office like Governors and the President, we believe the same process that holds for the impeachment of a governor should hold for the Local Government Chairman.
The process for impeaching a Governor of a State in Nigeria is contained in Section 188 of the 1999 Constitution. We reproduce the steps below which we recommend for adoption.
Step 1
A notice of any allegation in writing alleging gross misconduct on the part of the Governor. This notice must be signed by not less than one-third of the members of the State House of Assembly is presented to the Speaker of the State House of Assembly.
Step 2
The Speaker of the State House of Assembly must within 7 days, serve the Governor of the State and each member of the State House of Assembly with a copy of the
Step 3
The Governor has a right of reply (he/she does not have to reply however), and any such statement in reply to the allegation must be served on each member of the State House of Assembly.
Step 4
Within 14 days of the presentation of the notice to the Speaker of the State House of Assembly, the State House of Assembly shall resolve by motion without any debate whether or not the allegation shall be investigated. This motion needs to be passed by at least two-thirds majority of all members of the State House of Assembly.
Step 5
If the motion fails to reach the required majority, the process immediately stops, and no further action will be taken. However, if the required majority is obtained and the motion is passed, then the Speaker of the State House of Assembly will within 7 days of the passing of the motion, request the Chief Judge of the State to appoint a Panel of seven persons who in his opinion are of unquestionable integrity to investigate the allegations. The members of the Panel cannot be members of any public service, legislative house or political party.
Step 6
The Panel is to report its findings within thee months of being appointed. The findings will be reported to the State House of Assembly. During the proceedings of the Panel, the Governor shall have a right to defend himself, and shall also have the right to be defended by a legal practitioner of his/her choice.
Step 7
Where the Panel reports that the allegation has not been proven, there will be no further action. However, if the report is that the allegation against the Governor has been proven, then the State House of Assembly will consider the report, and a resolution for the adoption of the report shall be moved.
Step 8
For the resolution to be adopted, it must be supported by not less than two-thirds majority of all the member the State House of Assembly. Once adopted the Governor shall stand removed from office as from the date of the adoption of the report.Section 30 (4) reads “Nothing in this section shall prevent the Governor from suspending any Chairman, Vice-Chairman or any elected official! political appointee of any Local Government Area in the interest of peace, order and good governance of the State.” We believe this provision should be expunged given that local government chairmen are duly elected with a term limit and should not be subject to dismissal by the Governor. The Supreme Court has also decided that Governors lack the powers to suspend or remove elected local government chairmen.
The Supreme Court, in faulting the law purportedly relied on by Fayemi to dissolve the local government administration, held that Section 23(b) of the Ekiti State Local Government Administration (Amendment) Law, 2001, which empowered the governor to dissolve local government councils, whose tenure was yet to expire, violated section 7(1) of the Constitution from which the state House of Assembly derived the power to enact the local government law.
Justice Centus Nweze, who delivered the lead judgment, held that the tenure of the local government councils could not be abridged without violating the supreme constitutional provisions.
Section 4(1-8) reads that “There shall be thirty-seven (37) Area Administrative Councils in the State with the names specified in Schedule Il of the Creation of Local Government Areas (Amendment) Law of 2004. Each Local Government’s Area Administrative Councils shall be headed by Area Administrative Secretaries who shall be appointed by the Governor subject to the confirmation of the House. Each Area Administrative Council shall be funded by the Local Government Area under which it falls. Each Local Government Area has the power to delegate any of its functions to the Area Administrative Council falling within the territory of the Local Government Area.
4(5) The functions of an Area Administrative Council shall include-
(a) every duty of a Local Government in its area of delincation;
(b) any duty assigned to it by any law of the House; or
(c) executive directives of the Governor of Lagos State.
4(6) Each Area Administrative Council may employ such staff as it may consider necessary for the optimal execution of its development programme.
4(8) Notwithstanding anything to the contrary in any other law, each Area Administrative Council will retain all the rights, interests, obligations and liabilities which became vested in or attached to it under any contract or instrument, or in law or equity, at the time it was operating as a Local Government Area;We contend that Area Administrative Councils are not recognized by the federal constitution and cannot befit from funding that should accrue to Local Governments. Furthermore, that the Area Admirative Secretaries will be appointed already show they do not have the mandate of the people and should not be entrusted with the people’s resources as they are not accountable to the electorate.
Section 5(2) reads “The Local Government Councils shall have the power to create more wards in addition to the existing wards in the State and there shall be appointed more councillors to oversee such wards.
We contend that local government councils do not have the powers to create additional wards should not be entrusted with that responsibility. Additionally, councillors are elected to represent wards and not appointed. Hence the creation of new wards, and the appointment of councillors are an anomaly.
Thank you and God bless you.
Signed
Ayodele Adio Dr Umar Muhammad
National Publicity Secretary National Chair
