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JUST IN: Afenifere Queries Supreme Court Verdict On LG Autonomy
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
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.
“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.
“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.”
President Bola Ahmed Tinubu has decided not to attend the 79th United Nations General Assembly (UNGA) session in New York this year.
The president has thus directed Vice President Kashim Shettima to lead Nigeria’s delegation.
President Tinubu, who returned to the country last Sunday after his trip to China and the United Kingdom, according to a statement yesterday by his spokesman, Bayo Onanuga, wants to focus on domestic issues and address some of the country’s challenges, especially after the recent devastating flooding.
“At UNGA 79, Vice President Shettima will deliver Nigeria’s national statement to the General Assembly, attend important sideline events, and hold bilateral meetings.”
“The high-level General Debate, with the theme ‘Leaving no one behind: Acting together for the advancement of peace, sustainable development and human dignity for present and future generations,’ will run from Tuesday, September 24, through Saturday, September 28, 2024,” the statement added.
Since return to democratic governance in 199, Shettima will be the first Vice President to Nigeria’s delegation to UNGA.
Only Goodluck Jonathan represented Nigeria as Acting president in September 2010 at the 65th UNGA, while late President Umaru Musa Yar’adua was away in Saudi Arabia due to his ill health.
The Plateau State House of Assembly, on Thursday, approved N5.8bn for the conduct of the local government election in the state slated for October 9, 2024.
The approval by the House followed a communication from Governor Caleb Mutfwang, which was read at plenary by the Assembly Speaker, Gabriel Dewan.
The Speaker stated that the request was necessary as there was no budgetary allocation for the LG elections in the 2024 budget.
A member of the State Assembly, who declined to be named because he was not authorised to speak for the Assembly, confirmed the development to The PUNCH in Jos on Thursday.
The lawmaker said, “Governor Mutfwang, at Tuesday’s plenary, sought the House’s approval for N5.7bn as the 2024 supplementary, which was increased after upward review by the legislators.”
He continued, “The House leader, Joseph Bukar, presented the bill during our plenary. While soliciting the support of members for speedy passage, he said PLASIEC was running out of time in preparation for the election.”
“In their individual contributions, Hon. Kalamu Dal suggested a downward review of the budget size, while Hon. Daniel Nanbol urged for a critical review and deliberations. Afterwards, members approved a revised sum of N5.8bn, as opposed to the N5.7bn requested.”
The increase, as explained by Bukar, was due to an increase in security allocation for the election, from N2.7m to N4.2m. “So, that is what happened, and that is where we are at the moment regarding the forthcoming LG election,” the lawmaker concluded.
Security measures have been intensified in Enugu and Kwara states ahead of their Local Government elections scheduled for Saturday, September 21, 2024.
In Enugu State, the Police Command has pledged to ensure the safety of lives and properties during the elections.
However, the peace accord signing for the elections was marred by the absence of major parties like the Peoples Democratic Party, All Progressives Congress, and Labour Party.
Only representatives from the All Progressives Grand Alliance and Accord attended but chose not to sign the accord, citing the lack of participation from the leading parties.
Enugu State Commissioner of Police, Kanayo Uzuegbu, said all wards and flashpoints had been identified, and security personnel would be on high alert to prevent any disruptions.
The Chairman of the Enugu State Independent Electoral Commission, Prof. Chris Ngwu, said the commission was fully prepared for the elections with the support of the state government in procuring necessary materials.
In Kwara State, security agencies have been actively coordinating to ensure a smooth electoral process.
Over 3,000 personnel from the Nigeria Security and Civil Defence Corps have been deployed across the state.
The Kwara State Independent Electoral Commission has completed arrangements for a trouble-free election.
Kwara State Police Public Relations Officer, Toun Ejire-Adeyemi, reported that a strategic meeting with heads of various security agencies, including the Nigerian Army, Navy, Air Force, and others, had been held to ensure coordinated efforts for maintaining law and order.
The Commissioner of Police, Victor Olaiya, guaranteed maximum security for the election period.
The NSCDC Commandant, Dr. Umar Mohammed, announced the deployment of 3,000 personnel to various polling units and emphasised their role in preventing violence, ballot snatching, and other disruptions.
Meanwhile, the Chairman of the Benue State Independent Electoral Commission, Telumun Tombowua, announced on Thursday that eight political parties will participate in the upcoming LG elections in the state, scheduled for October 5, 2024.
Addressing journalists in Makurdi, Tombowua said the election would be conducted fairly and transparently.
He emphasised that the law establishing the BSIEC does not permit the use of Bimodal Voter Accreditation Machines for this election.
Regarding the APC, Tombowua confirmed that the National Working Committee of the party had requested the commission to work with the seven-man caretaker committee appointed to oversee party affairs in the state.
He noted that while 14 parties had initially shown interest, only eight completed the necessary processes and submitted their candidates.
Shettima becomes 1st VP to lead Nigeria’s delegation to UN Assembly in 25 yrs
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