Any Appointment of Local Government Chairmen Is Unlawful.

Any Appointment of Local Government Chairmen Is Unlawful. Daily Law Tips (Tip 735) by Onyekachi Umah, Esq., LL.M, ACIArb(UK)

Introduction:

It is common to find democratically elected governors of states in Nigeria who shamelessly appoint chairmen and vice chairmen for local governments in their states. Also, there are several state governors who sack their appointed local government chairmen and vice chairmen without any replacement. Some state governors even dissolve a whole local government and setup Caretaker Committees to run and manage local governments. Worse still, some state governors sack democratically elected chairman and vice-chairmen of local governments in their states. By the way, some state governors achieve such democratic mutiny with the aid of their state legislatures (House of Assembly) who make obnoxious state laws. This is the true reflection of democracy across local governments in many states in Nigeria. This work examines the unconstitutionality of appointment of local government chairmen, vice chairmen, councilors and other members in Nigeria.

States and Local Governments: 

Nigeria is presently a creation of the constitution of Nigeria. The same constitution created three (3) governments in Nigeria, namely, Federal Government, State Government and Local Governments. The constitution further states that there is only one (1) federal government, thirty-six (36) state governments and Seven Hundred and Seventy-Four (774) local governments in Nigeria.  So, there are more local governments in Nigeria than any other government. However, number is not often power, as the number of a level of government in Nigeria is indirectly proportional to the might of the government. By the constitution of Nigeria, the highest government is the federal government, then followed by the 36 state governments while the 774 local governments are the least.

By section 7 of the Constitution of Nigeria, all members of a local government council must be democratically elected. This clear provision means that there cannot be any appointment of members of a local government council (including chairmen, vice chairmen, councilors and other elected members). The same section compels every state government to ensure that there is a local government law for the establishment and operation of local governments in a state. It also mandates every state government to ensure that there are free and fair local government elections and that the eligibility for local government election is same for the house of assembly elections.

Conclusion: 

Relying on the constitution of Nigeria, any appointment of any person by any state governor into a local government council is unconstitutional. Any appointment of any person by any person, group or office into a local government council is also unconstitutional. Any sack of any democratically elected person from a local government is unconstitutional. Any establishment or appointment of a caretaker committee to manage a local government is unconstitutional. Any delay or refusal to conduct local government elections by any state government is unconstitutional. Any law by any house of assembly that permits or validates the removal or appointment of local government executives is unconstitutional.

An action or inaction is unconstitutional when it contradicts or violates any provisions of the constitution Nigeria. Since the constitution of Nigeria is supreme to all laws, persons, offices, group, court, religions, issues in Nigeria or outside Nigeria, nothing can supersede the constitution of Nigeria. And, anything that attempts to contradict the constitution of Nigeria is invalid and useless on its own. So, any sack or removal of democratically elected members of a local government is unconstitutional, unlawful, invalid and useless. Such removal is mere waste of resources, since it is useless and as it never happened. The victims of such removal are entitled to all their salaries, allowances and even compensation (damages) as well as their family members (dependents).

When any person violates the constitution of Nigeria, his/her actions are invalid but there are sever consequences. Such consequences must start with an investigation and prosecution of the suspected violator for a criminal offense. Also, such as suspected violator can be prosecuted for a civil wrong or claim. Since state governors enjoy immunity, they cannot be prosecuted during their tenure as a state governor. So, a state governor that has violated any law can be prosecuted once he/she steps down from being a governor. The immunity of a governor is not forever and criminal cases can be filed at any time, it cannot expire. The a state governor can be punished for the mess and unlawful acts conducted or authorized on local governments.

My authorities, are:

1. Sections 1, 2, 3, 4, 5, 6, 7, 318 and 319 as well as Schedule 4 to the Constitution of the Federal Republic of Nigeria, 1999.
2. Judgment of the Supreme Court of Nigeria (on the unconstitutionality of dissolution of local government councils) in the case of HON. CHIGOZIE EZE & ORS v. GOVERNOR OF ABIA STATE & ORS (2010) LPELR-4133(CA)
3. Judgment of the Supreme Court of Nigeria (on the definition of “Government”) in the case of THE GOVERNOR OF KWARA STATE & ORS v. JEROME OLADELE DADA (2011) LPELR-8132(SC)
4. Judgment of the Court of Appeal (on whether the State Government has the power to dissolve a Local Government Council) in the case of ETIM A. AKPAN & ORS v. HON PETER JOHN UMAH & ORS (2002) LPELR-7099(CA)
5. Onyekachi Umah, “Constitutional Powers and Functions Are Not Enough Powers for Any Local Government Council In Nigeria to Act And Exercise” (LearnNigerianLaws.com, 22 May 2018) <https://sabilaw.org/daily-law-tips-by-onyekachi-umah-esq-tip-106-constitutional-powers-and-functions-are-not-enough-powers-for-any-local-government-council-in-nigeria-to-act-and-exercise/> accessed 12 February 2021.
6. Onyekachi Umah, “Radio, Television And Communication Mast License Fee By Local Governments In Nigeria” (LearnNigerianLaws.com, 5 March 2020) <https://sabilaw.org/radio-television-and-communication-mast-license-fee-by-local-governments-in-nigeria-daily-law-tips-tip-519-by-onyekachi-umah-esq-llm-aciarbuk/> accessed 12 February 2021
7. Onyekachi Umah, “List and Details of Approved Local Government Levies, Rates, Fees and Charges for Edo State” (LearnNigerianLaws.com, 27 April 2019) <https://sabilaw.org/list-and-details-of-approved-local-government-levies-rates-fees-and-charges-for-edo-state-daily-law-tips-tip-423-by-onyekachi-umah-esq-llm-aciarb-uk-2/> accessed 12 February 2021.
8. “Free Copy of “Edo State Local Governments Uniform and Harmonised Levies, Rates, Fees and Charges Law, 2017” (LearnNigerianLaws.com, 25 September 2019) <https://sabilaw.org/free-copy-of-edo-state-local-governments-uniform-and-harmonised-levies-rates-fees-ad-charges-law-2017/> accessed 12 February 2021.
9. Onyekachi Umah, “State Governments Cannot Collect Tenement Rates In Nigeria” (LearnNigerianLaws.com, 6 March 2019) <https://sabilaw.org/daily-law-tips-by-onyekachi-umah-esq-tip-282-state-governments-cannot-collect-tenement-rates-in-nigeria/> accessed 12 February 2021
10. Onyekachi Umah, “No Person/Firm Can Collect Tax/Levy On Behalf Of Any Government In Any Part Nigeria” (LearnNigerianLaws.com, 2 March 2019) <https://sabilaw.org/daily-law-tips-by-onyekachi-umah-esq-tip-279-no-person-firm-can-collect-tax-levy-on-behalf-of-any-government-in-any-part-nigeria/> accessed 12 February 2021.
11. Onyekachi Umah, “Latest Developments On Liquor Licenses In Karu LGA, Nasarawa State” (LearnNigerianLaws.com, 28 February 2020) <https://sabilaw.org/latest-developments-on-liquor-licenses-in-karu-lga-nasarawa-state-daily-law-tips-tip-515-by-onyekachi-umah-esq-llm-aciarbuk/> accessed 12 February 2021.

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