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Supreme Court orders LGA chairmen can enjoy 4-year tenure like executives
…also state assemblies can extend tenure of LG chairmen
The apex court in Nigeria, Supreme Court has ordered that the four-year tenure enjoyed by Executives be extended to the office of all Local Government Chairmen across the country.
This is contained in the Certified-True-Copy (CTC) of a judgment delivered by Justice Mohammed Garba and six others on May 11, 2024.
Garba said that some states have, by their various illegal actions, starved the local government councils in their states to the extent that most of them cannot exercise their constitutional powers or perform their statutory functions.
The Justice described situation of LGA in the country as “one tier of government’s inhumanity to another tier of government.”
Garba said that LGA in Nigeria, unlike branches of incorporated bodies or entities, are constitutionally the third tier of government of the Federation.
According to him, their political and financial independence are duly guaranteed by the Constitution of the Federal Republic of Nigeria, 1999 (as amended.
The Justice said that Section 2(2) of the Constitution provides that “Nigeria shall be a Federation consisting of States and a Federal Capital Territory”.
He further stated that 36 sates in the country are specified, in an alphabetical order, by section 3(1) of the Constitution.
He said that section 3(6) of the Constitution, provides that “there shall be 768 local government areas in Nigeria “ while Section 1(2) of the Constitution provided that “Nigeria shall not be governed, nor shall any person or group of persons take control of the Government of Nigeria or any part thereof, except in accordance with the provisions of this Constitution”.
The Justice, however, said that in respect of six Area Councils of the Federal Capital Territory, Abuja, there is a template legislation by the National Assembly.
He said that by way of sections 108, 109, 110 and 113 of the Electoral Act, (2022) the dissolution (tenure of Area Councils), vacation of seat of members, removal of Chairman/Vice Chairman, recall; etc was addressed.
And elections into the area councils are promptly conducted or held by the Independent National Electoral Commission.
“It is, therefore, unfortunate that some states do not even bother about conducting elections into local government councils as required by the relevant laws of their Houses of Assembly.
“Under section 135 (3) of the Constitution, the tenure of four years for the president, provided for by section 135(2) thereof, shall be extended, for periods not exceeding a period of six months at any time by a resolution of the National Assembly, if it is not practicable to hold elections.
“By the same token, by a law of a State House of Assembly the tenure of local government councils can be legally extended, for any reason, such as insecurity or war, if it becomes impracticable or impossible for elections into the local government councils to be conducted.
“The mandate given to an elected local government council is the mandate of the electorate of that local government area and if the tenure is extended, it is the people’s mandate that is extended.
“If the tenure of a local government council is truncated, as it is the norm now, it is an illegal termination of the electorate’s mandate and it is not to be encouraged but roundly condemned.
“By the doctrine of separation of powers, it is the constitutional duty or function of the Legislature to make laws, which includes amendments and repeals; and the duty of the judiciary is to interpret the laws to achieve the
intendment of the legislation,” he said.
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Air Force Begins Moving Electoral Materials For Edo Guber Election
By Kayode Sanni-Arewa
The Nigerian Air Force (NAF) has began airlifting the sensitive election materials for the Independent National Electoral Commission (INEC) to Benin, Edo State, ahead of the upcoming governorship election scheduled for September 21, 2024.
This was disclosed on Wednesday by the Deputy Director, Public Relations and Information, Group Captain Kabiru Ali.
The operation is part of the NAF’s efforts to ensure the timely and secure delivery of materials necessary for a smooth electoral process.
This development reinforces the collaboration between NAF and INEC to facilitate logistics and ensure a peaceful election in Edo State.
The Chief of the Air Staff, Air Marshal Hasan Bala Abubakar, had previously reiterated NAF’s commitment to providing airlift support for the swift movement of electoral materials during a meeting with INEC Chairman, Professor Mahmood Yakubu.
This airlift operation is a crucial aspect of NAF’s constitutional responsibility to provide Military Aid to Civil Authority, underscoring the force’s dedication to supporting democratic processes in Nigeria. With the election just days away, the NAF’s timely intervention will help ensure the successful conduct of the governorship elections in Edo State.
Governor Godwin Obaseki of Edo State had earlier accused the Inspector General of Police, Kayode Egbetokun, of working with the All Progressives Congress (APC) to hunt the Peoples Democratic Party (PDP) members and supporters in the state and force them into hiding ahead of September 21 governorship election.
Obaseki, who made the allegation when a delegation led by the former Head of State, Abdusalam Abubakar, met with him to get the governor and his party to sign peace accord, said that the IGP had made nonsense of his (Obaseki’s) role as the chief security officer of the state.
The governor had said that the police chief obtained a warrant to arrest 60 members and supporters of PDP in Edo and that the IGP sent an armed “gang” of policemen who invaded the state, attacked PDP members, shot at a local government chairman and arrested 10 persons who are currently being detained in Abuja without charges.
Asked by the former head of state if his party would sign the peace accord, Obaseki said, “The person who is supposed to enforce the peace accord is now an active participant in creating a destructive environment.
“We are now in a situation where from the Inspector General’s office, there are armed gang policemen who came into Edo State, invaded, arrested and took away PDP members.
News
“Dancing gives me abundant joy and peace of mind”-Gov Adeleke
By Kayode Sanni-Arewa
The Governor of Osun State, Ademola Adeleke, has given reasons why he loves dancing.
The ‘Dancing Governor’, as he is fondly called, revealed this on Wednesday while responding to a tweet on X.
An X user, @Iwogoke, while praising the governor, stated that Adeleke has been busy fulfilling his electoral promises to the people of Osun State, while his political opponents believe he is only good at dancing.
Iwogoke tweeted, “I’m not flattering you, Your Excellency, your opponents think you can only dance but while they are busy shouting and calling you ‘Dancing Governor’, you are busy fulfilling your electoral promises to the people.”
Responding to the tweet via his verified X account, Adeleke explained that he loves dancing because it brings him joy.
Speaking further on his love for dancing, Adeleke highlighted that while dancing brings him immense happiness, his greater fulfilment comes from delivering the dividends of democracy to the people of Osun.
Outlining his administration’s efforts to enhance the state’s infrastructure, he noted that primary health centre rehabilitation is underway in at least 200 out of the 332 wards across Osun State, adding that road construction projects are also progressing in every local government area.
He wrote, “Dancing gives me joy, but delivering on my electoral promises and providing the dividends of democracy to the good people of Osun gives me even greater joy. Rehabilitation of primary health centers is ongoing in at least 200 out of 332 wards, and road construction is progressing in every Local Government!”
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