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JUST IN: Afenifere Queries Supreme Court Verdict On LG Autonomy

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By Kayode Sanni-Arewa

The Pan Yoruba socio-political organization, Afenifere, has expressed strong disapproval of the recent Supreme Court decision that affirmed fiscal autonomy for local government areas in Nigeria.

In a press statement released in Akure and signed by its leader, Pa Ayo Adebanjo, and National Publicity Secretary, Prince Justice Faloye, the group described the verdict as harmful to the structure of the Nigerian state.

According to the statement, Afenifere believes that the Supreme Court’s ruling undermines the federalism structure of Nigeria by promoting a unitary system through the back door. The group argues that true federalism should allow states to exercise control over their local government areas, including financial matters, to ensure that local governance is tailored to the unique needs of each state. The statement declared

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The statement declared that “Afenifere views the judgment of the Supreme Court in the case filed by the Federal Government on the so-called Local Government autonomy as sheer judicial conspiracy in cahoots with the Tinubu administration against the Nigerian state and its foundational principles of federalism.

“Rather than interpret the constitution to uphold its elementary but overriding federal principle which recognises only a two-tier federal structure of the central government and federating states, the Supreme Court played to the gallery and wittingly allowed itself a most retrogessive declaration that the power of the government is portioned into three arms of government, the federal, the state and the local government. “For the avoidance of any doubt, Afenifere makes bold to say that in line with its negotiated basis of existence, Nigeria is a “Federation consisting of States and a Federal Capital Territory”. as affirmed by Section 2 (2) of the 1999 constitution. “While Afenifere frowns at corruption and misuse of public funds at levels of government, it condemns in most unmistaken terms the subjugation of the states and its constitutional roles including the Local Government system to the whims and caprices of the federal government by any means including obvious manipulation of the federation account as in the present case.

“The 1999 constitution, which in spite of its flaws, gives life and power to the Supreme Court provides in Section 162 and particularly subsection (6) that “each state shall maintain a special account to be called “State Joint Local Government Account” into which shall be paid all allocations to the local government councils of the state from the Federation Account and from the Government of the state.

“Against this unambiguous provision the Supreme Court held that “demands of justice requires a progressive interpretation of the law.

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“It is the position of this court that the federation can pay Local Government allocations to the Local Government directly or pay them through the states. “In this case, since paying them through states has not worked, justice of this case demands that Local Government allocations from the federation account should henceforth be paid directly to the Local Governments .

“Contrary to this invented alternative routes, Section 162 of the Constitution is not ambivalent about the process and route through which “all allocations to the local government councils of the state from the Federation Account and from the Government of the state” shall become payable to the Councils. “In other words, the interpretation does not require a voyage into jurisprudential sophistry leading to the absurdity of deliberate judicial amendment of the grundnorm.

“By wittingly or inadvertently equating the Nigerian Federation with the Federal Government in the erroneous belief that both expressions are used interchangeably, such that the President may withold funds to the credit of the Local Governments from the Federation Account, under the guise of having no democratically elected officials, which is obviously subject to the interpretation by the Federal Government.

“The apex court has not only done incalculable injury to the Nigerian state, it has lent itself to setting aside its precedent in the hallowed judgment against the President Obasanjo administration withholding funds to the credit of Local Governments in Lagos State even when the Supreme Court agreed that the Local Council Development Authorities (LCDA) created by then Governor Tinubu were inchoate and fell short of constitutional requirements.

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“It is becoming stridently eloquent that with just over a year of its inauguration, the Tinubu government, more than even the military administrations, is uuncannily determined to unitarise the Nigerian Federation. “Part of the unitary package is the creation of the Ministry of Livestock Development which is the audacious euphemism for the re-introduction of Cattle Colony, RUGA and those other policies by which the Buhari administration sought to appropriate lands in the states contrary to the provisions of the Land Use Act and the Constitution which vest land in the state in the Governor in trust for the people. “Afenifere insists that the way forward for Nigeria is not the confusing rudderless tinkering but holistic restructuring of the polity to re-enact the fundamental principles of true federalism as agreed by the founding fathers. “This includes the fact that the Local Government system is an exclusive preserve of the states, either by direct constitutional provisions or residual powers in a federation.”

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Oba of Benin to withdraw suit as Okpebholo restores rights

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The Oba of Benin, Oba Ewuare II, and the Benin Traditional Council may withdraw the suits they filed against the state government as Governor Monday Okpebholo, on Sunday, restored the full statutory rights of the Oba and reversed the policies of the previous administration that impacted the Benin Traditional Council.

A statement on Sunday by Okepebholo’s Chief Press Secretary, Fred Itua, said the governor abolished the new traditional councils in Edo South created by the immediate-past governor, Godwin Obaseki.

Okpebholo also backed the Federal Government’s recognition of the Oba’s palace as the custodian of repatriated Benin artefacts looted during the 1897 British colonial expedition.

Providing an insight into the governor’s gesture, the state Attorney General and Commissioner for Justice, Dr Samson Osagie, said it signaled the resolution of the crisis between the Oba of Benin and the Edo State government leading to lawsuits duringt the Obaseki’s administration.

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Osagies said, “The cases in court are cases which the Oba of Benin himself and the Benin Traditional Council instituted against the state government, and they are all civil matters. And you know that in civil suit or in any suit, parties are encouraged to settle amicably.

“So, if the parties are already settling and one side is already meeting the condition of settlement, the next step you are going to hear is that the party who went to court, which is the Oba of Benin, and the Benin Traditional Council, will instruct their counsel to withdraw the cases from court and that will be the end of the matter.

“The two parties are now settling for harmony and peace to reign, so the government is doing its own side of it.

“This statement is a prelude to discontinuing all legal proceedings with respect to the twin issues of the concession of the Oba Akenzua Cultural Centre by government to the Benin Traditional Council for 30 years and the creation of additional councils.”

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The statement by Okepebholo’s Chief Press Secretary outlined the administration’s commitment to restoring the dignity and authority of the Benin monarch.

“This administration also hereby abolishes the new traditional councils in Edo South, created by the last administration,” the statement noted.

Additionally, Governor Okpebhol revoked the decision of the Obaseki’s administration to convert the Oba Akenzua II Cultural Centre into a motor park.

The government announced plans to restore the cultural centre to its original purpose.

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“This administration is restoring the Oba Akenzua Centre to a suitable condition for its original purpose,” the statement added.

The governor also reinstated the financial entitlements of the Benin Traditional Council, ordering that the status quo before the creation of the abolished councils be maintained.

According to the statement, Okpebholo affirmed support for the Federal Government’s official gazette, which recognizes the Oba of Benin as the rightful owner and custodian of the repatriated Benin artefacts.

He also distanced his administration from the Museum of West Africa Art, instead backing the Benin Royal Museum project to house the artefacts.

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“The Federal Government has also issued a gazette for the recognition of ownership and custody of the repatriated Benin artefacts to the Oba of Benin, Oba Ewuare II,” the statement explained. “Governor Okpebholo respects the rights and privileges of the traditional ruler of Benin kingdom… and pledges the support of his administration to ensure the monarch plays his role as the custodian of the rich cultural heritage of the Benin people.”

Okpebholo reiterated his administration’s respect for traditional institutions and vowed to avoid interference in the internal affairs of the Benin Traditional Council. “The Oba of Benin, as the father of all Benin people, is the sole custodian of the customs and traditions of the Benin people, and my administration respects customs and traditions in the land,” he stated, emphasising the government’s efforts to uphold the cultural and historical integrity of the Benin Kingdom.

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Oyedepo’s jet can’t leave private airstrip without clearance – Keyamo

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The Minister of Aviation and Aerospace Development, Festus Keyamo, on Sunday said there was no way the private plane of privileged Nigerians, including the Founder and Presiding Bishop of Living Faith Bible Church Worldwide, Bishop David Oyedepo, can leave the country directly from their airstrips without first securing clearance from relevant authorities.

Keyamo made the clarification when he was featured as a guest on Channels Television’s Politics Today.

His statement comes barely two months after members of the House of Representatives called for a revocation of airstrip licences issued to certain individuals and private organisations, citing security reasons.

The House also called for an immediate halt to new airstrip licences for individuals and organisations.

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But Keyamo insisted that there was no way a plane or drone, even if it belongs to the military, can leave or come into the country without first getting a nod from the agency.

When asked if the airstrip of Oyedepo also passed through the same due process, Keyamo nodded.

He said, “Oh yes, absolutely. That’s no problem. They were only concerned about the fact that they thought that somebody can take off from a private airstrip and fly out of Nigeria or fly into Nigeria. It is not possible.

“You must land in an international airport first. Then the Customs, immigration and NDLEA will process you before you take off from there to your private airstrip. If you are also flying out, you must land at an international airport. You will go through Customs, immigration and all the normal process before flying out.

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“So nobody uses an airstrip for any such purpose without seeking clearance. At every point in time, the authorities must approve.”

When quizzed on how many airstrips the country is operating at the moment, Keyamo said they are in the range of 40.

“We have a number of them, more than 40. For the federal airport, we have 23. The state airport has about eight or nine now.

“And then the airstrips are about 40 or thereabouts. I have been there myself,” he stated.

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Abia bans unauthorised free medical outreaches

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The Abia State Ministry of Health has reacted to the hospitalisation of some persons who attended a free medical outreach in Abiriba, Ohafia LGA, on Saturday, saying that the distribution of drugs to the public by uncertified persons was without the authorisation of the state government.

The Commissioner for Health, Professor Enoch Ogbonnaya Uche, who said this in a press release on Sunday, said that the organisers of the medical outreach did not obtain approval from the state government before embarking on the exercise.

He therefore announced that any medical outreach without authorisation from the Ministry of Health is illegal and can put the health of Abia people in jeopardy, warning that those who do so would be made to face the full wrath of the law.

DAILY POST recalls that many people were rushed to the hospital on Saturday at Abiriba after developing some medical emergencies on return from the medical outreach organised by a group.

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According to Processor Uche, preliminary reports indicated that medications distributed during the outreach may have caused adverse drug reactions among unsuspecting recipients, even as he said that the identified victims of these untoward medical events are currently receiving medical attention at designated public health facilities within the state.

“Our dedicated healthcare personnel are working assiduously to stabilise and treat affected people. The Abia State Ministry of Health is deeply concerned by the dire consequences and high risk posed by unauthorised healthcare activities. We wish to hereby warn the public to be cautious of individuals and groups organising unapproved healthcare events,” said the health commissioner.

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