The details of the Supreme Court Judgment over the protracted legal battle between Association of Local Government officials in Nigeria (ALGON) and Oyo state Governor, Seyi Makinde are still sketchy and unconfirmed, but, as the 2016 verdict on same subject matter in Ekiti state shows, the illegal dissolution of democratically elected local council officials amount in the words of Supreme Court to “Executive lawlessness”. Given the components of Nigerian federalism, such blatant and flagrant disregard for the autonomy of Local Government administration by the state Governor is a breach of both the Constitution, which divided the country’s administrative unit into three separate tiers — and the general will of people at the grassroot level — who voted these officials in the first place.
As I have opined in my column last week, Supreme Court by precedent is unlikely to give contradictory judgement on the issue — which was exactly what happened. And indications even emerged the state Government is aware of the imminent defeat at the Apex Court — and as such quickly and swiftly fixed the local council polls almost two weeks after the judgment is delivered — to create an atmosphere of a Government that’s readily and really serious, committed and compliant with democratic ethos and norms. Interestingly, that judgment by now seems to hand a fresh of flesh to Prominent opposition leaders to pounced as race to the next election gather momentum — enabling then to score few Political points — along the murky road while exploiting the judgment to stir more rumbles in the tummy of the ruling People’s Democratic Party in the state.
This court verdict, when looked at critically deeply is about to become the biggest Political distraction to the administration of Governor Seyi Makinde. Essentially because, the court verdict seems to pin the Governor and his party between the rock and the hard place — making it hard for them to breathe as official statements continue to trickle in from opposition figures celebrating and rejoicing at their newfangled victory. Which has literally sent chill down the Government’s spine — and its handlers on hibernation. Thus, with avalanche of instances to draw from, Governor Makinde has always appeared a reflective and reclusive political office holder, and as I noted in my column penultimate Saturday, introverted Leaders take time on issues to avoid costly mistake. But quietness has it own price.
Take Sunday Igboho. Nothing emboldened that Yoruba activist than the ultra patience nature of the Governor during the Ibarapa conflagration. And now, ALGON will further explore and exploit that perceived flaw or the Governor takes the bull by the horn. Clearly enough, this year long legal battle has thrown up a clear winner and a clear loser but the biggest of the winner is not even ALGON but the people in the grassroots who have continuously and consistently being hounded with high handedness and recklessness by state chief executives.
ALGON won primarily because appointing caretaker committee to pilot local government affairs is alien to the Constitution of the federal republic of Nigeria. Even though the Appeal court sitting in Ibadan dismissed ALGON’s case with a wave of hand as one lacking in merit and substance, the reversal of that Judgement by the appellate court shows something must have exchanged hands between the court and the ruling party in the state. Or how else should the law he interpreted when the principles upon which Judgement is based are clearly simple for even a lay man to understand?
Even at that, there is a problem that must be urgently attended to by patriotic Nigerians: an opportunity has come to spread dividends of democracy down to the downtrodden in the grassroots — through local government autonomy. When local government affairs is handled by local people, without their survival tired to the apron strings of the state Executive, the effect is felt even in hinterlands and remotest part of the country.
“The problem with Nigeria,” former President Goodluck Jonathan noted “is that our local government structure is still very weak and whatever restructuring we are talking about, Nigerians must sit down to discuss. And the issue of local government autonomy must be considered. As long as we have weak local governments, we would have difficulty managing this country. The way it is now, the person who runs the state, runs the LGAs and that makes nonsense of the whole concept of the third tier of government”.
OYO101, Muftau Gbadegesin’s opinion on issues affecting Oyo State, is published on Saturdays. He can be reached via muftaugbadegesin@gmail.com and 09065176850.