A REJOINDER TO THE ASSERTION OF HON. WALE OSUN ON THE VERDICT OF THE SUPREME COURT ON LOCAL GOVERNMENT AUTONOMY IN NIGERIA. BY DAVID ADENEKAN.

David Adenekan

"Will President Bola Ahmed Tinubu flout or violate the law of the land in a democracy by usurping the financial autonomy of the local council authorities? If he does, will the people not take redress in the Law Court, upto the Supreme Court?

Time will tell!

Please, watch the video clip of Hon. Wale Osun, posted for the purpose of this article. Thanks.

To start with, Baba Wale Osun is a respected political mentor under whose tutelage I grew up under in Lagos Mainland Politics.

BABA, AJINDE ARA AMAJE O. ASE EDUMARE!!

However, I disagree with him on the issue of Local Government Autonomy. 

A brief historical fact that I know about Hon. Wale Osun. In 1987, he contested for the Chairman of Lagos Mainland Local Government Council as an independent candidate, under the Zero Party political arrangement that was organized by the then military dictator, General Ibrahim Badamosi Babangida. The Zero Party arrangement made the local council a third tier of government. 

There was financial autonomy and the Local councils, even under a military fiat (decree and edict) enjoyed certain level of autonomy.  

In addition, we saw a lot of direct development in the grassroot, such as: good roads, primary health-care, maternity homes, drainage systems and public water in nearly every corner of the streets. 

I think it was because, Baba Wale Osun had trust in the political arrangement (autonomy of the local council) that he contested under the Zero Party system in 1987. 

WHAT HAS NOW CHANGED?

Also, it was not in order to restrict the federating units to two tiers of government. The federating units can be more than two. It all depends on what the electorates think will fit into their ecology environment vis-a-vis, political culture and value for a better administration of the society.

With due respect, Baba Wale Osun may need to point to many like me, where the definition of federalism restricts the federating units to two (2) tiers of government?

Classic example of countries with three tiers of government are Australia and United States of America. They both have federal government, states government and local governments.

Also, the eminent Judges of the Supreme Court have the constitutional powers to interpret the Constitution as they deemed it fit; such interpretations, as the final arbiter of the law becomes the Law of the Land.

Furthermore, where in the Constitution does it says that the federal allocations meant for the 774 local government authorities shall be disbursed to the Joint Account of both the states and local government authorities? 

Although, section 162 (6) of the Nigerian Constitution of 1999 talks about the LG/State Joint Account for efficient and effective financial management of both levels of government. 

However, there is no section in that provision of the Constitution that says the federal government allocations that is meant for the local council authorities shall be directly disbursed to a Joint Account.

Methinks, it was part of this ambiguity that made the Supreme Court to wade in to interpret the constitution, and such interpretation will become law until the National Assembly and the so-called state governments' controlled assemblies can get it right to amend the Constitution as true representatives of the people.

Also, are we more knowledgeable than the eminent Judges to determine what is ambiguous or not?

The Supreme Court is in order in this scenario, except if someone want to disagree with me that, there is no ambiguity or vagueness in that section of the 1999 Constitution of the Federal Republic of Nigeria that informed or made the Apex Court to interpret the Constitution to clear the coast for true democracy to thrive in the grassroot. 

POWER BELONGS TO THE PEOPLE. GBAM!

The question is, what is wrong with that? 

The decision of the Supreme Court to uphold the election of President Bola Ahmed Tinubu did not go down well with many people in the country, but that is the final verdict and it becomes the law of the land.

Yes, I concur there is a dysfunctional structure in our federalism. What we have today is quasi-federalism.  

The classic example is the configuration and delienation of constituency based on land mass, not population for a better grasp of the demography of the whole country vis-a-vis, fairly and equitable distribution of national resources. 

The question is, how on earth will Kano state have more local councils than Lagos state, when Lagos population is more than twice of Kano state? That is why many have been clamoring for restructuring.

Moreover, as fraudulent as the 1999 Constitution may seem to be, there is a provision for revenue sharing formula. The federal allocations to the states government and local councils is within the ambit of the law of the land and, will President Bola Ahmed Tinubu flout or violate the law of the land in a democracy by usurping the financial autonomy of the local council authorities? If he does, will the people not take redress in the Law Court, upto the Supreme Court?

Time will tell!

Since the inception of this dispensation (Fourth Republic), and to a very large extent, did the federal government make the states government its lackeys? If not, why will the federal government make the local government authorities its lackeys?

Though, there are strong concerns that Tinubu may want to replicate what he did in Lagos state, where he turned the local council authorities to its appendage, at the federal level. 

The question is, will Tinubu be able to turn a multi party system to a one party state? 

Only time will tell. 

Suffice it to say, the Supreme Court verdict on local government autonomy is a win win for grassroot democracy.

CONGRATULATIONS TO ALL LOVERS OF GRASSROOT DEMOCRACY!

A TRUE AND VIRILE DEMOCRACY MAY NOW EVOLVE FROM THE GRASSROOT, BECAUSE THE SUPER STRUCTURE, SUCH AS: ECONOMY, EDUCATION, AFFORDABLE AND QUALITY HEALTH CARE DELIVERY; GOOD ROADS AND DRAINAGE SYSTEM; AGRICULTURE, WELFARISM AND COMMUNITY POLICING WILL NOW BE BUILT ON A STRONG IDEOLOGY, DEMOCRACY AS THE FOUNDATION OF A GREAT COUNTRY FOR TRUE NATION BUILDING.

Enough of shylock and kleptomania governors who are pillaging and plundering the resources of the people.

Enough is enough!

Again, only time will tell!!!

David Adenekan ✍️ From Chicago, Illinois. He Is The Editor Of Shekinah International Magazine And A Media Expert.