Lagos — Lagos State Independent Electoral Commission on Saturday defied all entreaties from some quarters as it conducted local government election into 20 local government councils and 37 local council development areas in the state. As it turned out, the ruling Action Congress (AC) in the state swept the poll in the original 20 LGAs and the 37 new ones created by the last administration in the State. Nosike Ogbuenyi and Charles Ajunwa write on the build up to the election proper and wonder if the conduct of the poll may trigger fresh legal and constitutional battles between the State Government and the AC on one hand and the Federal Government and the Peoples Democratic Party (PDP) on the other

The Lagos State Independent Electoral Commission' (LASIEC) last Saturday held election in 57 local government areas in the State to elect chairmen and councillors to administer their affairs.

The question of whether it was legal or not to conduct the election into all the 57 LGs and LCDAs or limit the exercise to the original 20 LGs recognised by the 1999 constitution has for so long remained very contentious. The extension of the election to the 37 Local Council Development Areas (LCDAs) was the reason given by the Peoples Democratic Party (PDP) and the All Nigeria Peoples Party (ANPP) for pulling out from the race. The withdrawal of the two leading opposition parties cleared the coast for the ruling party in the state, Action Congress (AC), to post a sweeping victory in the entire state.

The election, though characterised by low turn-out, was generally adjudged peaceful as there was hardly any incident of violence, loss of life or property during its conduct. However, it is debatable if this unusually seamless feature can be said to be reflective of the level of acceptance of the conduct and outcome of the election by Lagosians. Some analysts hold a contrary view as they adjudge the pervading peace ominous which foretells imminent legal and constitutional battles for Lagos State.

For instance, a political analyst, Chief Uche Nwadialor said it is most unlikely that the PDP after pulling out of the race with seething rage over perceived constitutional breach by the State Government and LASIEC would sit back hands akimbo while the AC and the alleged transgressors run the show in the entire 57 LCDAs. "The PDP with all its influence and arsenal being the ruling party at the centre will most likely show its teeth by putting up a fierce fight over the presumed affront," he stressed.

To the Chairman of PDP in Lagos State, Chief Setonji Koshoedo and his All Nigeria Peoples Party (ANPP) counterpart, Chief Abiodun Adetunji-Oyebolu, there are no two ways about it, the State Government has violated the constitution and must brace up for the consequences. Such fall-outs may entail long drawn legal battles or forfeiture of some privileges accruing to local governments from the centre as was the case in the past.

Matter of factly, the ANPP has a subsisting suit in the court challenging the grassroots poll. The state chairman had stressed on the eve of the poll that even though they were still awaiting judgment, they believed that justice would be done at the end of the day. According to him, the ANPP resolved to distance itself from the LG election because it does not want to be associated with any act of illegality and unconstitutionality. Whatever may be the likely trend, the Lagos state governor and his party seem amply prepared to face it squarely from the point of view of rule of law and due diligence.

Fashola, after casting his vote at a polling centre in Surulere on Saturday dismissed as fallacious the argument that the election was unconstitutional and illegal. He rather declared the exercise as a benchmark for the country. He remarked: "I think it (the election) is a sign-post for us of the acceptance of democratic governance in Lagos and it serves as a benchmark and an example for all other parts of corporate Nigeria to emulate by allowing the people to have the final say about how they wished to be governed."

He said the claim in some quarters that the state had infringed on the constitution by extending the election to the 37 LCDAs is "extremely fallacious". To him, the fact that the new local governments have not been listed in the constitution neither makes the election illegal nor unconstitutional.

Fashola stressed further that the argument against the conduct of the poll in newly created local government areas "overlooks the fact that the constitution however well intentioned is not a perfect document" because it was drafted by human beings.

To him, "Those who made the constitution at the time they made it could not have been seers who could foretell what would happen the next year. "Circumstances that they did not envisage will arise and this (creation of new LGAs) is one of those circumstances. On the one hand , you say create local governments. If they are not created how do they get to the National Assembly" for ratification? "We can't send an intention to create there. If they existed having been created and affirmed by the Supreme Court, we can't ignore them," he declared.

To further buttress his position, the Lagos Governor said Nigerians should also begin to ask questions whether the judgment of a foreign court could override the constitution as the Federal Government had recently gone ahead to cede one of the 774 local governments listed in the 1999 constitution to the Republic of Cameroun without first amending the constitution.

He stressed that since the federal government did not first effect an amendment of the constitution before implementing the judgment of the foreign court, the same treatment given to the goose should be good for the gander in the case of the new LGAs in Lagos State. He added that the Federal Government in the process of ceding the 774th local government even ignored the ruling of a competent court of jurisdiction in the country.

He continued: "It cannot be selective constitutionalism or unconstitutionalism by the party (PDP) that clearly has the responsibility because they constitute the majority in the National Assembly. It is that party that wants to eat its cake and have it at the same time," he stressed further.

The Governor also argued that the contentious issue had been put to rest by the Supreme in one of its verdicts in 2006. He recalled that when Lagos State conducted grassroots election in the 57 local government areas, its action was challenged in court by the Federal Government. He said the case dragged on until the Supreme Court ruled in favour of the State Government in 2006. Fashola, (SAN), stated that he was part of the legal team that defended the State Government during litigation.

He therefore defended the LG election as legal saying: "The constitution says local governments should be governed by elected officers. The Lagos State House of Assembly has made laws that there should be 20 local governments and 37 development areas in the State. I feel it is better for the people to elect officials to head the development areas either as councillors or chairmen rather than handpick them. We don't have a perfect constitution."

Some AC top guns sensing that the heat might be turned on Lagos after the election had pre-emptively advised President Umaru Musa Yar'Adua against 'fighting' Fashola's government and distracting it from "its good works". For instance, former National Chairman of Peoples Democratic Party (PDP) now an AC stalwart, Chief Solomon Lar last week called on President Yar'Adua and the Federal Government to avoid dabbling into local government election affairs in Lagos.

Lar contended that everything connected with local government polls was purely state and local government affair. While calling on the PDP-controlled Federal Government to steer off the grassroots poll, the Second Republic Governor of old Plateau State declared: "Local government is the third tier of government and it is very important in the affairs of our democracy. Therefore we want you to take this very seriously and ensure that nobody should interfere with local government elections. It is only a state and local government affair.

"The Federal Government has no business with local government election. I want to repeat it categorically that there is a federal system and there are three tiers of power, federal, state and local governments. The election in the local governments is between the state and local governments. Nobody else should interfere," Lar argued.

Last week,the decision of LASIEC to conduct elections into the 37 LCDAs not recognised by the 1999 Constitution prompted the national leadership of the Peoples Democratic Party (PDP) asking its Lagos State chapter to withdraw its chairmanship and councillorship candidates who have validated by LASIEC to participate in the council poll in the 20 constitutionally recognised local councils and the 37 LCDAs. The decision of LASIEC to conduct elections into the 37 LCDAs, had generated fierce altercations between the Attorney General of the Federation and Justice Minister, Mr. Michael Aondoakaa and Lagos State Governor, Mr. Babatunde Fashola. While Andookaa had insisted that elections could only be allowed to take place in the 20 constitutionally recognised local governments in Lagos State,but Governor Fashola pragmatically maintained that elections would take place in the both the 20 constitutionally recognised local councils and the 37 LCDAs in the state. Eventually , Fashola had his way as creation of local government is purely a state affair which the federal government has been constitutionally empowered to decide for the states.

To this end, it is not surprising therefore that LASIEC still went ahead to conduct the election as planned. A day to the council poll, the LASIEC Chairman, Justice Fatai Adeyinka, while briefing newsmen on the readiness of the commission to conduct a free and fair council poll, reiterated that the sudden withdrawal of PDP from the council poll was invalid in law saying political parties could only withdraw their candidates not later than 14 days before the validation exercise.

"As for the PDP alleged withdrawal from the election, we received a letter dated 6th of October, 2008 on the 8th of October 2008, informing us of the withdrawal of the PDP Lagos State candidates from the election, Saturday. We have replied the letter that their withdrawal is invalid in law, political parties can only withdraw their candidates not latter than 14th day before the validation exercise.

"The PDP collected our form, filled the form for 20 local governments and 37 Council Development Areas and submitted the list of their candidates. They brought their candidates personally to our validation committee and their candidates validated. The names of the PDP candidates and other candidates have been published at the ward level, at the local government level and on our website. They cannot in law withdraw at this stage of the election process and we have written to them they are on the ballot papers,"Adeyinka noted.

Adeyinka who looked disturbed said the election would go ahead despite PDP's last minute withdrawal saying that all necessary logistics such as the ballot boxes, ballot papers, sensitive election materials including non-sensitive materials were ready for the council poll. The retired Lagos State Chief Judge announced that 293 candidates would contest for chairmanship position while 1, 295 others would vie for the councillorship position. He said 27, 000 ad hoc staff engaged by the commission were recruited from the civil service, the NGO's and the professional bodies.

Commenting on security, Adeyinka said the Lagos State Commissioner of Police, Mr. Marvel Akpoyigbo assured him that the over 30,000 policemen in Lagos Command would be dispatched to the field to maintain peace during the poll in the state. He said out of the 8,467 polling units across the state , one policeman each was drafted to man every polling unit. "Just before I came to this conference I spoke to the Commissioner of Police again. We have 8,467 polling units and we requested for 8, 467 policemen for all the units. We have been assured that the policemen in Lagos Police Command is about 30, 000 so we are covered. More importantly, the police have a constitutional duty to be at the polling units because a copy of the result sheet will be given to the police. And we believe that the police will maintain peace. So people are working on security- the police, the State Security Service (SSS) and other security agencies," he said. Adeyinka also said he do not anticipate any major problem as all necessary steps have been taken to make the election exercise hitch free.

Although the election proper was peaceful and free of violence, the initial early morning rain and the pull out of PDP and other parties from the poll contributed a great deal to the apathy and low voters turn-out that nearly marred the election exercise in Lagos State.

In areas monitored by THISDAY which include Surulere, Apapa, Ikoyi, Ibeju-Lekki, Alimosho, Ikeja, Yaba, Agege, Ojodu, Iju and Ishaga areas of the state ,registered low turn-out of voters. _

When THISDAY visited places like Mushin, Surulere LGAs and Oshodi Isolo local council development areas, the exercise was generally peaceful at polling units 008 Ward D and 042 Ward C in Oshodi Isolo LCDA, unit 001 in Mushin LGA, units 06, 028, 029, 031 and 034 all in Ward G in Surulere and 003 and 004 in Apapa Local Government Area. Others included Ikeja/Ojodu, Olaleke Morgan, Grammer school and unit 015- all in Ojodu, polling units at Balogun/Sunmonu in Agege, 011 in Iju/station road and Nelson Cole in Iju. Some of polling centers registered low voters turn-out.

The electoral officers were also faced with some challenges. When THISDAY visited the Police Barrack Ward polling unit in the Ikeja GRA, the electoral officials were battling to save the electoral materials from being spoilt by the rain. One of the officials at the unit told THISDAY that the rain was destroying some of their sensitive voting materials hence they resorted to self help. "You know it has been raining since morning. It is disturbing us. So far, the voters' response has been poor and we are waiting to see if we can get an umbrella or canopy here," the official who refused to give his name uttered. Voting started late in places like Mary Land bus stop in Onigbongbo LCDA, Ogudu, Ojota down to Alapere as voters refused to come out to cast their votes. It was learnt that the election materials were not delivered to them on time. Voting could not start in some polling centres in Ipaja area in Alimosho until about 11.30am. The collation of results started in most areas as from 4p.m. For instance, the collation of results started in Apapa Local Government Area headquarters and Rabiu Ato Thompson Primary School in Surulere Local Government Area between 4. 15 pm and 4.35pm respectively.

The agents of the political parties who participated in the poll were absent in most polling centers except for agents of Action Congress (AC) that made powerful representation in all the polling centers visited by THISDAY. Observers attributed the poor presence of the political parties during the election to lack of funds to mobilise their activities. AC being the ruling party in the state is said to have the financial chest to mobilize its agents to the fields.

The Publicity Secretary of Lagos State chapter of the PDP, Dr Wale Ahmed, described the poll as illegal and morally wrong. Ahmed attributed the apathy that attended the poll to the unpopularity of the exercise. "You can see that the elections are illegal. There is obvious apathy in most of the polling units. People did not turn up in most of the polling units and it shows that people are tired of the AC. Were the elections to be popular, Lagosians will come out massively.How can you expect people to support an illegality? It is not possible and Lagosians have spoken that they are tired of the AC. They can't keep deceiving people. The law does not support it. Violating the law is morally wrong,"Ahmed noted.

In the same vein, the state Chairman of the Democratic Peoples Alliance (DPA), Chief Supo Shonibare, said there were irregularities in the conduct of the council polls. Shonibare said there were multiple voting, ballot stuffing and election fraud in some of the localcouncils. "LASIEC has made us believe that since 1993 whereby results of an election is declared at the polling booth, that is exactly the situation on ground in some polling booths. At the moment, there was a situation at Apapa Local Government where a police officer was caught with a ballot box with papers thumb printed for Action Congress.

"In another local government, the DPA agent confronted the police and Action Congress agent at the polling booth over the manner events were turning out, instead for the police to come to her rescue, she was arrested.All over, what was seen is a low turnout and that is an evidence that the people at the local level are tired of the way AC is going towards this election", Shonibare noted.

But on whether DPA would challenge the outcome of the elections in court, Shonibare said "in instances where we have photographic evidences, we are going to challenge the results. Also, if we have convincing and overwhelming evidences against LASIEC and AC, we are going to challenge the results."

However, foreign observers from Chad Republic, Mrs. Fatima Ali, Chief Celestine Taiwo of Democratic Watchdog and coordinator of Civil Society Coalition in Surulere, Mr. Edaoto Agbeniyi, said the council poll apart from being peaceful and violence free was conducted in a conducive and transparent manner.

Now that the die is cast with the conduct and declaration of election results into the 57 LGs and LCDAs in the state, it is almost certain that PDP will take measures to attempt to tan Fashola's hide. The Lagos State Governor has denied that his trip to Abuja last Thursday was to answer summon by the President over the controversial poll. But pundits perceive it as most unlikely that the discussion with Yar'Adua on the eve of the contentious LG poll could have ended without an allusion to it in the least.

Whatever be the case, the Lagos LG exercise has become an acid test for Wadata Plaza which ordered its boycott over and above its state chapter in Lagos. The 'successful' poll has bore a hole in the ambience and pride of the self-acclaimed largest party in Africa. And for any step by the PDP it must carefully sieve its immediate effects and after-effects to avoid a backlash.

In the interim, Fashola has had his day by winning the Saturday battle. He has marshalled logical arguments to defend his action and a war front with the PDP is distinct. It is most likely that PDP's legal consultants and other experts will be cracking their heads now over the best way to respond to the latest challenge. But in doing so they must take cognisance of some salient issues such as the rule of law mantra of this administration, the different setting from the Obasanjo scenario, the likely tide of public opinion and the possible spill-over effects of the Lagos example.