2 July 2009
Lagos — After a stormy session, the Ondo State House of Assembly early in the week ignited yet another round of controversy. This time was on Governor Mimiko's constitution of caretaker committees for the 18 local governments in the state, our senior correspondent Sunday Kudaisi writes.
Governor Olusegun Mimiko appointment of caretaker committee for the 18 local government councils in Ondo state is raising ripples in the state house of assembly. The assembly on Thursday kicked against the governor's move claiming that he acted outside the power of his office.
According to the speaker of the State Assembly- Honourable Taofeek Abusalam the governor's appointment of caretaker should have passed through the state assembly for clearance before swearing in.
The lawmakers, after a stormy and rowdy session which lasted over two hours passed a resolution condemning and rejecting the governor's appointment of caretaker committee for the 18 local government areas of the state. The lawmakers decended on the caretaker chairmen, charging the Federal Ministry of Finance and revenue Mobilization commission not to release the statutory monthly allocations to the 18 councils. The legislators equally directed the state councils not to spend the internally generated revenue until the governor applies due process on the issue.
Besides, the Assembly ordered the state commissioner of police to arrest whosoever that would resume at the affected councils as appointee of the governor, reiterating that their appointments were illegal. Obeying the order of the speaker some hoodlum in Okitipupa, the council of the sacked governor of the state, Olusegun Agagu, were alleged to have gone to the council headquarters and barricaded the council/s gate .
But, governor Mimiko in his speech during the swearing in of the 18 councils caretaker chairmen told the people of the state that the appointment was backed up by section 7 of the Nigeria constitution which empowered the governor of a state to ensure that a democratically elected body is put in place in the third tier of government. The process of putting in place a democratically elected government in the council, he said includes the setting up of a caretaker committee.
To him, the constitution does not give room for a vacuum in any tiers of government including the local government. It would be recalled that an Akure High Court last Wednesday gave a judgment ordering the removal of all the former 18 local government council chairmen in the state.
The court also ordered the governor to constitute a democratically elected government in the councils.. The pronouncement of the Court opened the way for the governor to constitute a caretaker committee for the council.
IN A nutshell the justice Nelson Adeyanju judgment of last Wednesday in Akure described the constitution of the State Independent Electoral Commission (ODIEC) which conducted the election of the 18 ousted chairmen in the state as illegal, unconstitutional, null and void. The presiding Justice stated that, the state ODIEC did not comply with the ODIEC mandatory law which provides that the body which t would conduct the council election must have been in office for 150days before the election.
The clause of mandatory 150 days he said was to allow for adequate planning for all parties involved in such election and a violation of such law carries the weight of sanction for fresh election.
Sequel to the High court ruling of last Wednesday Mimiko constituted a 126 member caretaker committee for the 18 councils in the state saying there should not be room for vacuum in the third tier of government.
However, while the opposition party, the Peoples Democratic Party (PDP) dominated state House of Assembly reacted angrily to the governor's constitution of caretaker committee. the labour party LP minority lawmakers in the state Assembly stoutly insisted that the governor was empowered by law to constitute a caretaker committee for the councils to avoid a vacuum in those councils
A member of the Labour party ,Hon. Dayo Akinsoyinu in his reaction enjoined other lawmakers to put sentiment apart and follow the path of truth. He said the issue was a court of ruling and should be left for the judiciary to settle.
Also in a chat with journalists, the special adviser to Mimiko on political affairs, who is a lawyer Boluwaji Kunlere, said the PDP lawmakers were making noise to please their PDP party leaders. He said what the governor has acted in line with the constitution in constituting caretakers for the council.
According to him, as parliamentarians they have the right to express their views like any other person and if they feel strongly about the governor's decision they could challenge the action in court. The Special adviser maintained that the governor's door was open for ideas, and reminded the lawmakers that "we are now in the era of rule of law and not military rule where order could be given by fiat"
The lawmakers ordering the stoppage of council revenue, he said was purely military action, adding that they should learn to follow democratic ethos, adding "this is what we are saying, this shows they are speaking for their party. They should know that they are members of the Ondo state House of Assembly and not PDP house of assembly. "
In the same vein ,the Ondo state, Attorney General and commissioner for Justice ,Hon Eyitauo Jegede ,SAN, in his reaction to the state Assembly's action said that the resolution of the lawmakers ordering the the federal government to withhold the funds due to the newly constituted Local Government care taker committee in Ondo State will certainly not find comfort with the provisions of the Constitution.
According to him, the funds due to the Local Governments "are constitutional and dedicated funds and cannot be interfered with by any person or authority and certainly not by a resolution of a House of Assembly."
He cited the case of the Attorney-General of Lagos state Vs the Attorney General of the Federation as contained in the recent decision of the Supreme Court which he noted has clearly settled the matter thus:
"The Federal Government cannot withhold constitutional and dedicated funds due to the third-tier of Government, even at the instigation of any institution of Government."
He maintained "May we take the liberty of quoting the decision of the Supreme Court in the case of Attorney-General, Lagos V Attorney General of Federation (2004) 18 NWLR PT 904 page 1 at page 29 and pages 91 paragraphs E-H, page 92 paragraphs A & B wherein their Lordships unequivocally resolved, the question as follows:
"The President of Nigeria has no power vested in him (by executive or administrative action) to suspend or withhold for any period whatsoever the statutory allocation due or payable to Lagos State Government pursuant to the provision of section 165(5) of 1999 Constitution".
"Their Lordships went on to unequivocally assert and I quote again.
"our attention has not been drawn to any other provision of the Constitution which empowers the President to exercise the power of withholding or suspending any payment of allocation from the Federation Account of Local Government Councils, or to State Government on behalf of the Local Government Council as provided by Section 162 subsections (3) and (5) of the constitution.
From the foregoing according to Jegede, to invite, or suggest with-holding of Funds due to the Local Government is simply put, a brutal violation of sections 162 (i) to (10) of 1999 Constitution.
"The Attorney-General of the Federation and indeed Mr. President, fully aware of the provisions of the Constitution and pronouncements of the Supreme Court will ignore such resolution," he stated.
So much drama has been following the 18 council chairmen since Mimiko came on board as the governor of the state. The ruling of the Ondo High Court on Wednesday 24th of June 2009 sacking the former 18 local government chairmen in the state and declaring their election of December 17, 2007. is an addition to the unfolding drama .
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