Letter: LG, Governors and the violation of the constitution

Posted by admin Constitution, Governors, Headlines, Letters, Local Govt Monday, July 16th, 2012

Sir,
LG, Governors and violation of the constitution

Alhaji Ibraheem khaleel,the national president of association of local government employees of Nigeria, NULGE had lamented over the incessant violation of the constitution on the 3^rd tier of government by the state governors.

Khaleel was quoted as saying ‘the council structure was consider as most important as it is the closest level to the people but unfortunately what we are seeing is a caricature of the council system whereby all manner of experiments are carried out by state government. The most unfortunate thing is the grey area in the constitution gives the state government and house of assembly a window to perpetrate all manners of unconstitutionalities” .

Today the 3^rd tier of government remain as one institution whose letters establishing it in the constitution is grossly violated whit impurity by our state governors.

The question is, Is it constitutional for the state government to hijack allocation disbursed to LG council from the federation account and subject it to redistribution.

Is it constitution to sack an elected LG chairman and replace him with an appointed caretaker chairman when in Section 7 (1) of the Nigerian Constitution guarantees a system of local government with democratically elected councils. The Section provides that ‘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’. Section 7 (5) also states that ‘the functions to be conferred by Laws upon local government council shall include those set out in the Fourth Schedule to this Constitution’. Going by the provision of the Constitution, all councils in Nigeria are expected to be run by democratically elected chairman.

Is it legal for state governors to create 4^th tier government, set up local government creation committee without making a recourse to the national assembly.

Again, is if constitution for state governments to take over the internal generated revenue (IGR) machinery of the LG council.

We hear of governors creating department of motor parks and markets which we all know fall under the exclusive list for LG revenue collection.

Finally, what Nigerians are saying is that the state governors should get off the back of LG chairmen, let them develop their council areas according to the dictates and aspirations of the people.

Jeff Nkwocha

LG Study Network,Warri

www.nigeria-local-government.blogspot.com

08030485016

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