- States must respect local government autonomy
It appears as if some state governors are yet to come to terms with the Supreme Court judgment that granted financial autonomy to local government councils. And, sadly, the inefficient electoral process at the local councils has become an albatross for state governors who succeed antagonistic predecessors.
This is the context in which the newly elected Governor of Edo State, Monday Okpebholo, is situated. After a hard-fought electoral battle with Asue Ighodolo, the preferred candidate of the immediate past governor, Godwin Obaseki, the new governor has chairmen, vice chairmen and councilors handpicked by his predecessor to work with at the local government level.
Both a State High Court, sitting in Benin, and a Federal High Court, sitting in Abuja, have granted interim injunction restraining the State House of Assembly and the governor of the state from suspending the chairmen, vice chairmen and councilors from office pending the determination of the substantive suits.
The suits were filed by 18 affected local council officials and the Peoples Democratic Party (PDP). Justice Emeka Nwite of the Federal High Court, following a motion ex parte, ordered parties to maintain status quo while the substantive suit was adjourned to January 20, 2025. Also, Justice Efe Ikponmwonba of Edo State High Court made a similar order and adjourned to February 17, 2025, for hearing the substantive suit.
While Governor Okpebholo is a member of the All Progressive Congress (APC), the former governor belongs to the Peoples Democratic Party (PDP). As has become the sad practice in this political era, every state governor has the undemocratic right to choose the chairmen and councilors of the local councils, while the various State Independent Electoral Commissions have the shameful responsibility to return all the nominated candidates as duly elected. The Edo State Independent Electoral Commission had returned all the handpicked contestants waving the flag of PDP, even though judging from the gubernatorial election the APC was clearly the preferred party in the state.
But for the era of President Bola Ahmed Tinubu, whose Attorney General and Minister of Justice, Lateef Fagbemi (SAN), approached the Supreme Court for the interpretation of Section 7 of the 1999 Constitution (as amended), the new governor of Edo State would have gotten away with whimsically sacking the elected local government chairmen, vice chairmen and councilors without any consequences. But not anymore.
After the House of Assembly passed a resolution for the suspension of the local council officials, Fagbemi declared unequivocally that the state officials lack the constitutional right to do so. The federal chief law officer observed that only the local council councilors have the power to impeach the local council chairmen or the deputies, further validating the Tinubu administration’s determination to pursue the freedom of the local government council from the strangulating chokehold of state governors.
That sad reality was what made the Supreme Court apply the Purposive Rule of interpretation in interpreting section 7 of the 1999 Constitution (as amended) to grant independence to local governments, and also nullify the joint accounts, which have been serially abused by state governors.
Section 7 provides: “The system of local government by democratically elected local government councils is under this constitution guaranteed; and accordingly, the Government of every state shall, subject to section 8 of this constitution, ensure their existence under a Law which provides for the establishment, structure, composition, finance and functions of such councils.”
The affected officials, emboldened by the judgment of the Supreme Court, approached the High Courts which promptly made an Order of Injunction invalidating the purported suspension pending the determination of the substantive suit. While awaiting the judgments of the High Courts, the judgment of the apex court is unequivocal as to the status of the local councils.
That independence would become hollow if they can be suspended by the state officials who cannot sack them. But having secured independence, we hope the local council officials would advance the local government area economies, many of which are weak.
To achieve that, the first step is to ensure democracy thrives at the local council elections. The state electoral commissions, either by commission or omission, have shown themselves incapable of conducting substantially free and fair elections. Whether because they lack autonomy from the state governments, or because they lack the human and material requirements, the state electoral commissions remain an albatross for our democracy.
We hope the federal and state legislators would collaborate to bring credibility to the local council elections as quickly as possible. Governors should be contented with the constitutional powers to govern the states, without also being overlords of the local government councils. State governance should be enough pie for them while they collaborate with the local councils to develop the remote parts of their states.
When there is credibility in the elections at the local government level, credible and qualified individuals would begin to show interest in that level of governance, and the result would be grassroots development for the people.
