RUMOURS OR REALITY RAISING THE BAR WILL ENHANCE PERFORMANCE: By Umar Sani Dekat

It has been flying like a kite that the government of His Excellency, Mal Nasiru El-Rufa’i is considering raising the bar in terms of qualification as to contestants to the offices of Chairman and Councillor respectively in the forthcoming local government elections. 

It is circulating ostensibly in the rumour mill that to contest for the chairmanship position a candidate must have a degree or its equivalent while a councilorship candidate must possess a national diploma or its equivalent. 

Ambitious and true talk as the desire is, it is both practicable and constitutional. 

Performance is the key to occupation of any public office and you can’t perform if you lack the requisite knowledge to decipher the complex correspondences in governance and further engage in critical thinking.

Time and Time over again, we have choices that can best be described as ignoramuses; their simple desire is to resume a job appointment secured by the electorates to them. It is no wonder that the incessant and continuous conflict between Councillor’s and their Chairman is his refusal to play ball by enriching them exponentially. 

Calls for his impeachment, passing of votes of no confidence and constant banters and exchanges between them becomes excessively rampant. 

The Chairman himself is desirous more of building and expanding his political empire than enhancing and ensuring service delivery , that accounts for why no legacy projects are entrenched in most of the local governments.                

Some local councils have argued that their statutory allocation from the federation account is being tampered with by the State government, even if such claim is true to me, it is justified. 

Over the years, local councils, especially in Kaduna state have come to be known and labeled as collection and sharing centers. The constitution of Nigeria has outlined the areas where they can generate revenue. They not only outsource those revenue sources but do it in such a manner as to diminish the revenue generating potentials of such councils, moreover, it is executed with selfish intent and at a ridiculously low price so that the contractor is an agent universal or even del- credere to the Chairman.        

Perhaps more importantly, there are those who argue that if the Government decides to implement the law it will be against the spirit and letter of the constitution. They further argue that since the requirement for any elective position in the constitution stipulates that one needs only a secondary school certificate or its equivalent to be eligible to contest, they opine that if the law is enacted, it will be inconsistent with the constitutional provision and accordingly, will be null and void to the extent of that inconsistency.    

It is pertinent at this junction, to try to separate the exclusive and concurrent powers of the Federation against the states.

Under the Exclusive Legislative Lists as enshrined in the Constitution, Second Schedule part one, it states inter Alia that the federation shall have powers to make laws into “22. Election to the offices of President and Vice-President or Governor and Deputy Governor and any other office to which a person may be elected under this Constitution, excluding election to a local government council or any office in such council”.                                              

Take notice of the operative word “ excluding election to a local government council or any office in such council”. 

By this expression therefore, the constitution has expressively recognized the powers of the State to make laws with respect to an election into a local government council. Those laws can be distinct and different from that of the federation. SIECOM is not the same as INEC while Section 7 of the constitution has recognized the powers of the states over election and management of councils.

Our belief that such law will be in the overall interest of the state is predicated on the need to separate the grains from the chaff and seal a stamp of performance in local government administration through efficient and effective service delivery. 

His Excellency is encouraged and requested to raise the bar to save local councils from the twin danger of underperformance and imminent decay.