Constitution Review: Senators unite on LG Autonomy, divided on State Police
***As Senators Nwoko, Izunaso push for additional States
By Henry Umoru
ABUJA- WITH the commencement of another phase of review of the 1999 Constitution by both the Senate and the House of Representatives, Senators are presently on the same page on the issue of Local government autonomy, but sharply divided over the establishment of State
Police across the thirty- six states of the country and the Federal Capital Territory, FCT.
Recall that the Senate had in May this year during a plenary session concluded that the 774 local governments across the country are dead, accusing state governors of misappropriating funds allocated to Local Government Councils in Nigeria.
According to the Senate, the dream of achieving the objectives of the local government system has encountered harsh realities as successive governments have often eroded local autonomy, limiting their financial resources and control over decision-making, and adding that corruption scandals and mismanagement have often tarnished the image of some local governments, thereby fueling public cynicism.
Also, recall that the Supreme Court had on 11th July barred the 36 governors of the federation from further retaining or utilizing funds that are meant for the 774 Local Government Areas, LGAs, in the country.
The apex court had ruled that it is illegal and unconstitutional for governors to continue to receive and seize funds allocated to LGAs in their states.
Move by the Senators to save the third tier of government from total collapse following the abuse of their roles by the state governors, may not be unconnected to the recent Supreme Court verdict and the pledge by Senate President, Godswill Akpabio, that the National Assembly would tinker with the constitution to legalise their full autonomy.
As members of the Senate Committee on Constitution Review rounded off its two-day retreat on the amendments to the 1999 constitution on Saturday night in Kano, they unanimously agreed to include full autonomy for local governments in the nation’s legal document, but they however expressed divergent views on the issue of state police.
Senators from the South-East and South-South geopolitical zones at the forum, advocated for the creation of additional states.
Senate Leader, Opeyemi Bamidele, APC, Ekiti Central, former Senate leader, Senator Ali Ndume, APC, Borno South; Chairman Senate Committee on Finance, Senator Sani Musa, APC, Niger East; Senator Abdulfatai Buhari, APC, Oyo North; Osita Izunaso, APC, Imo West and Ned Nwoko, PDP, Delta North in their various submissions insisted that full autonomy for local governments was long overdue.
The Senators spoke at the sidelines of the Retreat which was organised jointly organised by the Senate Committee on Constitution Review in collaboration with the Policy and Legal Advocacy Centre, PLAC.
Speaking on the issue, Bamidele who noted that the current constitution has put the administration of local government in the hands of the state government, said that the exigencies of the current situation have made it necessary to make the third tier of government, completely independent.
The Senate leader said, “The independence of the autonomy of our local governments cannot be taken away. The debate is raging as to whether or not local government should be considered as a tier of government.
“Law is made for men and not men for law. Regardless of what is in our constitution, what is important is that certain realities have come to terms with us.
“So, if we’re talking about local government autonomy, the way some of us have looked at it, in the Senate and the National Assembly, is that we need to complement what the Supreme Court has said.
“The Supreme Court didn’t say anything that is not in our constitution. The Supreme Court only gave it some further clarity. Arising from that, it’s also important that as much as possible, we also ensure that the fear that governors will not allow local governments to function can also be addressed through further tinkering with our constitution.
“For instance, a lot of stakeholders are concerned that for as long as local governments elections are conducted through state independent federal commissions, there could be a highway to nowhere.”
On his part, Chairman, Senate Committee on Reparation and Repatriation, Senator Ned Nwoko who noted that local government autonomy, was very critical, said, “The local government has almost but died, there is nothing happening there, it is just as a mere third tier of government.
“So any reforms that support what the Supreme Court had already done, will help to reintroduce the ideals of having a local government.
“If we have an independent local government where elections are conducted by INEC for instance and they have their own money and they are able to take care of local securities and deal with hospitals and the rest of them, a lot will happen for good.”
In his contributions, Chairman, Senate Committee on Finance, Senator Sani Musa who noted that the process of restructuring had started with the Supreme Court verdict on local government autonomy, said, “When you are talking about restructuring, we should be able to give the local governments, the autonomous power to be able to run their administration from the grassroots level so that the impact of governance can reach the grassroots.”
In his submission, Osita Izunaso who stressed that arguments about the possibility of local government chairmen becoming too powerful to the extent of impeaching governors if granted full autonomy does not hold water, said, “When we started in this country, local governments had full autonomy then and they were developing their areas. I believe in the full autonomy of the local government.
“I am sure it is going to work. I don’t believe that LG autonomy would empower council chairmen to impeach the governors. The fear does not arise and I don’t even believe in it.
“The governors have immense constitutional powers. Only the state assembly can move against the governor. The council chairmen don’t have the power. Governors and council chairmen should face their work.”
Senator Abdulfatai Buhari who threw his weight behind the position of the Senate Leader who postulated that the election of council chairmen and the councillors should be conducted by an independent body not constituted by state governments, said, “Local government autonomy could only be achieved if their elections are conducted by an independent body. If that is not done, states will continue to siphon their money, through threats, through blackmail.
“If I just put you there as local government chairman, as the governor, definitely you will be answerable to me, but if am contesting my election people’s eyes will be on me and when I can perform, you can’t force me to take the money to the governor.
“If we want that Supreme Court judgement to hold water, we should expunge from the Constitution, that aspect of Joint Account.
On the issue of state police, the Senators were divided, just as those in support are of the view that insecurity would be tacked effected with state police while others said political opponents would be targeted by state governors.
Supporting State Police, Senator Sani Musa said, “This retreat, we are going to deal with the issue of State Police, Local Government autonomy. But when you are talking about restructuring, in the context of it, we are doing a restructuring. We are already doing the restructuring. By my understanding of what restructuring should be, we should be able to give the LG the autonomous power to be able to run their administration from the grassroots level so that the impact of governance can reach the grassroots.
“When we are talking about State Police, every state in this country is facing one insecurity or the other and I believe that if we look at the issue of State Police, and we look at it: is it good for us? What are the advantages and disadvantages, that may have in the interest of this country, I think, we will come out with an outcome that Nigerians will want. So, I think this is the reason why we are here.”
However, Senator Ali Ndume said, Personally, I don’t support state police. Right now, we have less than 400,000 Police nationwide, and you are clamouring for the creation of state police, why don’t you increase the number and Train, Equip, Armed and Motivate them, what I call TEAM. And also adopt the United Nation recommendation on policing. We are about 230 million Nigerians, and we have less than 400,000 police, less than 200,000 armed forces and all our security agencies and paramilitary are barely 1 million or more. We don’t have an army or police reserve and you are saying we should have a state police.”
Both Senators Nwoko and Osita Izunaso, maintained that the creation of additional states in their geopolitical zones was long overdue.
Nwoko said, “The Anioma state creation for me is something that has to be done, if that is the only state that is created in this period, I will not be surprised.
“Agitation for Anioma state had been going on for almost 50 years, it is the oldest agitation for a state.”
On his part, Izunaso said, “The most important agenda the South East Caucus in the National Assembly has is to push for equity and justice.
“We need an additional state in the South East so that we come to terms with other zones in the country that all have six each.
“A situation where the South East have five states when others have six, does not go well for balancing. I believe that our colleagues from other zone will see the reason why we need the state support us.
“There are bills in that regard. For instance, I have my own Bill for the creation of Orlu State. There are two other bills from our colleague for the creation of two other states. We are going to sit back as a zone harmonise our positions.”
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