This is neither a threat nor a course, it’s just a note of warning to all the 33 LG chairmen and some officials of the local councils across Oyo state. It’s also a piece of advice some of us, who truly hate to see these chairmen and the officials to get themselves involve or engage in what could render them politically incapacitated and could disgracefully send them out of offices before their tenures elapse. It’s to remind them that the way things were being done in their various LGAs in the past have absolutely changed.
The recent judgement of the Supreme Court on fiscal autonomy for LGAs that governor Makinde has come out to set up two committees to review is something I think the LG chairmen in Oyo state also need to deliberate on in order to save themselves from being fallen into the trap the Apex court has set for any LG chairman who believes he can continue misappropriating LG funds without check.
Isn’t it even wise for Oyo state council chairmen to ask the governor the reason for the review of the decision of the Supreme Court which constitutionally binds all? Isn’t it appropriate to ask him, the governor, the need for the recommendation of the committees when the case has already been settled?
It was not only hilarious but also worthy of scorn listening to Gov Makinde telling that “the judgement of the Supreme Court is not a silver bullet that can wash away Nigeria’s problems.”
Has Gov Makinde forgotten that without the judiciary, whose some of its judgements had favoured some state governments against the federal government, there might have been problems which could have created ceaseless disagreements between the FG and state governments? Why did Makinde presume that the Supreme Court decision of liberating the LG chairmen from the stranglehold of the governors was not capable of washing away Nigeria’s problems?
What I understand is that the law is meant to correct abnormally in the land and initiate normality for peace and progress to reign. I think it is incumbent on Mr Governor to clarify his belief that the Supreme Court judgement lacks influence to wash away Nigeria’s problems.
Makinde, in presenting his opposing view to the judgement of the Supreme Court, set up two committees to review the judgement on LG autonomy and to come up with recommendations. What review and recommendations did the governor still need when the case was already done and dusted? Although there is nothing wrong in setting up committees by a governor to chart the next cause of action for the development of his state; it’s laughable to see a governor trying to review the verdict of a court whose judgement can never be challenged.
What even gave Makinde the audacity to think that he could take the role of the judiciary by trying to interprete the law? Perhaps the governor needs to be told that his constitutional responsibility of executing the law made by the State House of Assembly has not changed to interpreting the law. Why did the governor think he could review the judgement after the Supreme Court had made its final judgement on the issue of LG financial autonomy known? Was the governor proposing to challenge the decision of the apex court?
Makinde maintained that the judgement created a constitutional lacuna that will throw up different challenges at the local government level. What challenges will the decision to allow one of the tiers of government to have a direct access to its funds pose other than to speed up growth and development at the grassroots?
The governor again submitted in the meeting: “The law is the law and when there is a conflict, yes, we should go to the court… . This is because when two elephants are fighting it is the grass that will suffer.”
What could have propelled the governor to make the above statement was in fact not within the range of one’s knowledge. Who is fighting who here? Must there be a disagreement over a financial autonomy for the LGs in the first instance if there is nothing to hide?
I think it’s imperative to inform the governor, in case there is any intention to go against the directive of the Supreme Court, that the consequence of his move could be fatal as the constitution frowns at disobedience to court decisions and disrespect for judicial officers.
At this juncture, it’s necessary to sound a note of warning to the elected chairmen and Heads of Local Government administration to be very careful of their dealings in their various LGAs. Makinde, as governor of Oyo State, enjoys immunity that protects him from being prosecuted while in office. But you (chairmen and LG officials) have no immunity to save you in case there is misappropriation of LG funds. It’s against this background that you, chairmen, need to take caution in whatever transaction you make in your LGAs.
As elected chairmen, you’re accounting officers in your LGAs – though you are excluded from signing cheques and vouchers, you authorize all payments – while the Heads of LG administration and the Directors of Finance in the local councils are signatories to the accounts of the LGs. You, the LG chairmen, Heads of LG Administration and Director of Finance, should understand that if there’s any attempt to do the governor’s bidding and go against the directive of the Supreme Court, you may face full wrath of the law.
It’s necessary to dish out to the chairmen and the councillors in Oyo state the latest warning from the Attorney General of the Federation, Lateef Fagbemi. The Attorney General has promised to prosecute LG chairmen and councillors who tamper with FAAC allocations meant for their jurisdictions. He emphasized the Supreme Court recent ruling on LG autonomy aiming to ensure funds allocated to the LGAs are directly received and utilized by them not state governments. He highlighted the absence of immunity for local government officials and warned of jail term for those found misappropriating funds.
Apart from being protected by immunity, Makinde is never a signatory to the financial transactions of the local councils. He may not have a case to answer if there is any discrepancy or incompatibility between transactions and finances of the LGAs. Hence, all the 33 local government chairmen in Oyo State are hereby advised to desist from allowing themselves to be used to undermine the apex court judgment.
Does the governor still believe that the LG councils cannot function well unless they’re under surveillance? It’s obvious that the effects of LG chairmen during the time that they depend financially on state governors are hardly felt because they (the chairmen) have no freedom to perform their duties to the fullest as a result of financial restrictions designed by the governors. Majority of Oyo state residents want freedom for the LGAs for they believe it’s only through the local councils the dividends of democracy can reach them directly. They do not want the LGAs to be left to suffer in the hands of the governor anymore. Now the question is: why does Makinde want the local councils in Oyo state to remain underdeveloped?
Undoubtedly, enough damage has been done to the LGAs across Nigeria; this is the reason the federal government took it upon itself to fiscally set free the chairmen from the governors’ hold for smooth and unhindered development at the grassroots. Makinde should accept the judgement and allow the third tier of government to function without interference. And the LGA chairmen, now that they’re being given financial autonomy, should desist from being used to mismanage the local government funds for the outcome of any misappropriation of the funds could be tragic.
Ademola ‘Bablow’ Babalola
