The Obaseki Local Government Councils Sworn In On September 4, 2023 , A Selection Or Election? – Comr Idogen Emmanuel

The Obaseki Local Government Councils Sworn In On September 4, 2023 , A Selection Or Election? – Comr Idogen Emmanuel....KINDLY READ THE FULL STORY HERE▶

Infact, from my knowledge of interpretation, Section 7(1) of the 1999 Constitution of the Federal Republic of Nigeria as amended stated:

” The system of local government by democratically elected local government councils is under this constitution guaranteed, and accordingly, the government, of every state shall subject to section 8 of this constitution, ensure their  existence under a law which provides for the establishment, structure, composition, finance and functions of such councils. The implication of this section is that, a state government is vested with the power to make law in that state with regards to the establishment, structure, composition, finance and functions of such councils. This birthed the establishment of the Edo state Local government Law.

Section 10(1) of the Edo state local government Law, 2000 stated thus: “The local government council shall stand dissolved at the expiration of three years unless the House of Assembly upon the request of the Governor, otherwise by a resolution of the House so direct.

Perusing the provisions of section 7(1) of the 1999 CFRN which empowered the state government to exercise power of establishment and control over the local government council, and the provisions of section 10(1) of the Edo state Local Government Law, 2000, I need an unbiased mind to show me if there is any contradiction.

The notable question we need to ask here is; Why should the Governor request to dissolve a local government councils before the expiration of their tenure? A straightforward answer to this would pay a kudos to the members of the Edo state House of Assembly for their pro activeness, forseeability that cases may arise where the local government councils will be manned by selected but not elected Officials. This section thereby empower the Governor to correct the anomalies and right the wrong.

On this same note, was the emancipation of the dissolution of the council by Governor Adams Oshiomhole via a letter dated October 20, 2010 and was moved by the then majority leader of the house, Philip Shuaibu and even the then learned Commissioner for Justice, Dr Osagie Obayuwana asserted that the Governor acted in pursuant to section 10(1) of the Local Government Law, 2000 which dealt with the tenure of the leadership of the councils.

More so, if on the 11th of July 2024, the supreme court delivered a judgement affirming the local government autonomy, I still cannot find in the judgement that commencement take immediate effect and am yet to see any of the thirty six states in Nigeria who had localized that judgement in their respective state law.

This impliedly stipulates that the provision of section 10(1) of the Edo state Law, 2000 with its inherent authority and constitutionality from the 1999 constitution of the Federal Republic of Nigeria is still intact and should be invoked by our amiable Governor of Edo state to right the wrong in the previous “Local government Selection in 2023″, conduct a free and fair election and restore the peoples mandate.

Per Onnoghen JSC ( as he then was) affirmed the Latin maxim” Lex prospicit not respicit” in the case of Hope Democratic Party v Peter Obi & 5 others (2011) 18NWLR (pt.1278) 80 at 100 and which translates to mean: the law looks forward not backward, while also stating that : This is in accord with common sense as a law yet to be in existence cannot have effect on rights and liabilities existing prior to its creation, commencement. Also is Section 4(9) of the 1999 CFRN stands against a retrospective law.

It is therefore, lawful for the Governor to use his good office to dissolve the “selected” local government council of 2023 and conduct a free and fair election to restore the peoples mandate.

The importance of a swift commencement of action in this regard is to ensure that people of like minds fill the grassroot offices where development begins in every state because the problem of local government is not structural but operational.

It is my utmost belief that the Governor of our dear Edo state, will consider this wise step in a bid to accelerate the growth and enviable development he desire to attain.

Comr. Idogen Emmanuel

BPA, LLB, MPA (FCIA, NIM)