The decision of the 33 recently elected council chairmen of Oyo State to reject the decision of the Supreme Court, which granted full autonomy to all local government councils in Nigeria is a flagrant disregard to the Constitution of the Federal Republic of Nigeria.
In a landmark judgement by the court read by Justice Emmanuel Agim, the court held that "It is the position of this court that the federation can pay local governments allocations directly to the local governments or through the states. In this case, since paying them through the states has not worked, justice demands that local governments allocations from the federation account should henceforth be paid directly to the local governments".
However, following the judgement, which was hailed by the majority of Nigerians, the Oyo chairmen, in a communique, declared solidarity with the state governor, Seyi Makinde who had earlier rejected the judgement of the apex court. Makinde had at a stakeholders meeting said: "The law is the law, and when there is a conflict, yes, we should go to the court. But it behoves on us to look for our own home-grown solutions that can ensure that we have transparency and that our people do not suffer. This is because when two elephants are fighting, it is the grass that will suffer." He went further to say that the judgement had created a lacuna and they on their own will have to look for a home-grown solution so that their citizens do not suffer.
Based on this rejection of the judgment, the chairmen said they were rejecting the autonomy granted them by the Supreme Court and even went further to withdraw from the Association of Local Governments of Nigeria (ALGON), an umbrella body of all local councils in the country, promising to form their own association.
They said the decision was taken "To, inter alia, protect the interest of our people". They said they would form another association, which would be registered "Under the relevant laws of the Federal Republic of Nigeria ".
The implication of this rejection of the Supreme Court's judgment, means they are rejecting a lawful authority provided in the Constitution of the country. This is a very dangerous path that should not be condoned.
We believe that no Nigerian, association or organisation has the right to reject any decision passed by the Supreme Court of Nigeria. The court is an arm of government. Its decision remains sacrosanct, which should be obeyed by everyone in the country.
This action must be viewed as an affront to the nation and should not be allowed to be sustained by all means legitimate. If allowed, it will set a dangerous precedence for the nation in our march towards entrenching viable democratic institutions.
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The Supreme Court has the right to adjudicate on any matter in the land, be it between individuals or between the tiers of government. The governor and the chairmen cannot claim 'sovereignty' as the state is a fraction of the Nigerian state, which churns out allocation for the running of the state and its local councils on a monthly basis.
Daily Trust, therefore, calls on the chairmen to follow the path of honour and apologise to Nigerians over this brazen act against the state.
We are also calling on the Attorney-General of the Federation to institute a legal action against this flagrant disregard to our extant laws, if they go ahead with their decision. Our Supreme Court should not be ridiculed under any circumstance. Our politicians should understand that not everything should be politicised as this will send a wrong signal to the nation, and the international community.
This is the only way we will ensure that rule of law is maintained in Nigeria.
