LG Autonomy: Former Agege Legislative Leader Hails Supreme Court Judgement , calls State Assemblies, Council Chairmen to allow councillors breath

AgegePulse Magazine 

Former  Leader of Agege Local Government Legislative Arm, Hon Muyideen Akolawole Anigbajumo has hailed the judgement of Supreme Court over the  Autonomy of the Local Governments.

Anigbajumo made this known to AgegePulse Magazine Online via phone that Local Governments can now appropriate their funds without interference from State Governors.

He said the judgement is  victory for democracy and the chain that locked Local Governments across 36 States from having direct access to their funds.

Former Agege Council Leader opined that it is now time for State House of Assemblies to allow Local Government Chairmen and their Councillors to breath.

" As a former Councillor and Leader of Legislative Arm of Agege Local Government, it is a big victory for Democracy and rule of law. With this judgement, many Local Government who had been chained by  Governors should be set free.

" During my administration as a Councillor and Legislative Leader, various initiative were been introduced to upholding the rule of law, though it was that welcoming, but we did our best, I believe this judgement shouldn't be a freedom only to   Local Government  Chairmen but the Councillors.

" Likewise, the Council Chairmen should allow the elected Councillors to  do their job of making laws for the Council Areas."

Recall that Supreme Court (on Thursday) declared  that it is unconstitutional for state governors to hold funds allocated for local government administrations.

The seven-man panel, in the judgment delivered by Justice Emmanuel Agim, declared that the 774 local government councils in the country should manage their funds themselves.

The apex court held that the power of the government is portioned into three arms of government, the federal, the state and the local government.

The court further declared that a state government has no power to appoint a caretaker committee and a local government council is only recognisable with a democratically elected government.

 “A democratically elected local government is sacrosanct and non-negotiable,” the court said.

The judgment held that the use of a caretaker committee amounts to the state government taking control of the local government and is in violation of the 1999 Constitution.

The court ruled that state governments are perpetuating a dangerous trend by refusing to allow democratically elected local government councils to function, instead appointing their loyalists who can only be removed by them.

The court stated that it is the local government that should receive and manage funds meant for local government.

Justice Agim declared, “I hold that the state’s retention of the local government funds is unconstitutional.

“Demands of justice requires a progressive interpretation of the law. It is the position of this court that the federation can pay LG allocations to the LGs directly or pay them through the states.

“In this case, since paying them through states has not worked, justice of this case demands that LG allocations from the federation account should henceforth be paid directly to the LGs.”

The judgment held that the local government council funds must be paid to only democratically elected local government councils stating that “anything other than this will be taken as a gross misconduct.”

“A declaration that the state government has no power or control to keep the local government council money or funds.

“A declaration that the local government council is entitled to the local government allocation.

“An order of injunction restraining the defendants by themselves, agents or privies from spending local government allocation.

“A declaration that no state government should be paid any money meant for the local government.

“An immediate compliance to this judgement,” the apex court declared.

Justice Agim dismissed the objections filed by state governors.

The Attorney General of the Federation, Lateef Fagbemi (SAN), filed a lawsuit on behalf of the Federal Government, seeking to grant full autonomy and direct funding to all 774 local government councils in the country.

The AGF, in the suit predicated on 27 grounds, urged the apex court to issue an order prohibiting state governors from unilateral, arbitrary and unlawful dissolution of democratically elected local government leaders.

The FG further contended that Nigeria as a federation, is a creation of the 1999 Constitution with the President as the Head of the Federal Executive arm of the Federation and has sworn to uphold and give effects to the provisions of the Constitution.

No More Business As Usual - Obasa Warns Council Chairmen, Others

 

AgegePulse Magazine 

... says policy of one project every quarter now compulsory

No More Business As Usual - Obasa Warns Council Chairmen, Others

...says council chairmen, vice, councillors now under close monitoring

Local government chairmen, vice chairmen, councillors and other top officials of the 57 councils in Lagos State will henceforth face strict monitoring to make them meet the yearnings and aspirations of their people, Speaker of the Lagos State House of Assembly, Rt. Hon. Mudashiru Obasa has declared.

Dr. Obasa said reports available to the House have shown that some of the council chairmen have not met the expectations of their people, so far. He warned that it will no longer be business as usual in the councils as the Assembly will now ensure strict compliance to serving the interests of the people.

At separate meetings with the council chairmen, vice chairmen, councillors and senior staff of the councils in Lagos recently, the Speaker frowned at the aloofness that these set of public office holders have exhibited at that level of government to the detriment of the expectations of Lagosians.

Obasa, who noted that council officials in Lagos were the only ones with four-year terms in Nigeria, added that it is disheartening how some of these chairmen personalise monthly allocations while their communities are crying for infrastructure and other forms of developmental initiatives.

"I wonder how you sleep with your eyes closed while your council cannot even build and equip a good maternity centre. You can't justify the fact that in six months, there is no meaningful project done by you in your community.

"Some councils have no single project for over two years, you treat the vice chairmen and councillors like they must be subservient even when you are going astray. Some of your councillors have not received official vehicles up till now.

"Some of your councils do not have legislative chambers, meaning that the councillors have not been holding sittings. How then do you get approvals for the money you spend?

"We are aware of how some of these councils go ahead to borrow money up to nine-digit figures without approvals or due process and how they lease council property without caution. We won't allow these to happen again.

"It is now strictly going to be true governance at the grassroots level. If you don't develop your communities, where would you fall back to when you leave office? How would the people see you?" The Speaker asked while urging the councillors to up their effectiveness. 

Obasa maintained that having a well-equipped maternity centre in every ward of the local governments for residents to easily access healthcare is not impossible. He also enjoined the chairmen to embark on creation of parks and gardens in their local government councils and areas for the well-being of the people.

Going forward, he said, each council chairman must adopt "a policy that every quarter, there must be something to show that you are truly in office. Let there be something to commission.

"If you're to construct a road, it shouldn't be one that would last for a month or a year. It should be something that would make people pray for you each time they pass through it. Let's truly serve our people."

He warned the chairmen, the council managers and treasurers against constituting themselves into a power bloc that runs the councils without inputs from vice chairmen and councillors, who are supposed to issue approvals for spending and projects.

"We are here today to talk to each other. This is no witch-hunt. But I want you to always ask yourselves if you have been doing well for the people who voted you into office. How well have you been treating your vice chairmen, councillors and staff too?

"Some of you were vice chairmen before and you bitterly complained about your chairmen. Now that you are chairmen, what have you done to change what you complained about? How have you bettered those working with you? How have you changed the lives of your councillors?

"You need to have the fear of God and treat the people around you right. We (my colleagues and I) seriously made efforts, passed through a lot to amend the law for your benefits and to make you stay in office for four years. You need to think about the public and how to touch them.

"The best way to handle your office is to touch lives and do things that would make people speak well of you later in life. We have not asked you for money. All we are saying is that you do things for the progress of our state.

"The governor of our state cannot do it all alone. You are, therefore, supposed to be the nearest to the grassroots and help him with your own efforts.

"We must try to move with the moment. The world is moving and we can't continue to do things like we live in the past," he said while advising the Ministry of Local Government and Chieftaincy to always guide the chairmen and other officials to deliver democratic dividends to their people.

In his comment, the chairman of Conference57, Kolade Alabi David, commended the Speaker for his advice and promised that there would be changes in the way the chairmen ran the affairs of their council areas.