Politics
Task Before CTC Chairmen
The Rivers State Gover
nor, Chief (Barrister) Nyesom Ezenwo Wike last week inaugurated 19 Local Government Council Caretaker Committee Chairmen.The ceremony took place after the 19 nominees of the chairmen were screened and confirmed by the Rivers State House of Assembly as stated by law.
This set of the local Government council executives are the fourth caretaker committee council since last year June 2015. Soon after the general elections in March, 2015,the past administration hurriedly conducted local government elections in 22 local government areas, but the 8th State House of Assembly was not happy with the maner in which the election was held, summoned the Rivers State INEC headed by Prof. Agustine Ahiauzu. Soon after the probe, the Assembly recommended the sack of the commission. Consequently the Governor, assented to appointed a new board.
The Local Government system is guaranteed under the 1999 Nigerian Constitution, section 7 of the 1999 Nigerian Constitution provides for the functions of a Local Government Council under its Fourth Schedule. This schedule tends to derive mainly from the Basic and Constitutional Transition Provisions (Decree 15 of 1987).
Thus, functions of Local Governments are categorised into The Exclusive list and the Concurrent list.
The exclusive list of functions are those functions that are solely performed by Local Governments, while the concurrent list of functions are those that the Local Government performs in collaboration with State and Federal Governments. The State and/or Federal Government can also perform these functions on behalf of local Governments until Local Governments are in a position to perform such functions.
According to the Fourth Schedule 1 of the 1999 Nigerian Constitution, the main functions of a Local Government Council are as follows: The consideration and the making of recommendations to a State commission on economic planning or any similar body on the economic development of the state, particularly in so far as the areas of authority of the council and of the State are affected, and proposals made by the said commission or body; Collection of rates, radio and television licences; Establishment and maintenance of cemetries, burial grounds and homes for the destitute or infirm and many other taxes and Licences.
As earlier indicated the executive arm of the Local Government is constituted by the Chairman, the Vice-Chairman elected with him, the Secretary and Supervisors appointed by the Chairman.
On the other hand, incompetent officers are either told to improve on their performance or are shown the way out of the service. Such an impartial procedure in the system makes for growth and viability of the entire system as dedicated workers are duly rewarded and conversely incompetent and dishonest officers earn their due punishments for their misdemeanor.
What is to be emphasised here is the need for officials to strive to be efficient and dedicated by acquiring the requisite education, training and retraining to enable them perform. Such knowledge needs to include the learning of the rules and regulations in the circumstance, officers should have and own copies of Financial Memoranda, the Nigerian Constitution, bye-laws and other extant rules and regulations. A deep mastery of such rules and procedures would facilitate their job delivery and performance. Furthermore, they can become aware of their entitlements, rights and privileges. The employers’ responsibilities are equally known to them. It makes for the good health and success of the service. It is expected that a corps of educated, trained and diligent staff would be in a position to advance the course and progress of development in the Local Governments.
While inaugurating the Caretaker Committee Chairmen, the State Government provided the necessary guidelines and structure in order to ensure effectiveness, efficiency, probity and accountability and some measures of control and monitoring.
Wike warned the Council executives of reckless spending and promised to withhold security votes of executives if they failed to perform and deliver what was expected of them.
The Governor regretted that some local government chairmen were owing workers many months of salaries, charged the new council executives to clear all workers salaries owed by their predecessors.
The Governor directed that the new Chairmen should ensure that this directive is followed to the letter as he called on the local Government Service Commission (LGSC) to ensure the payment of outstanding salaries owed to local government council workers.
The Governor said he will monitor the payment of workers salaries by first withholding the imprest and security votes to the council chiefs, stating that salaries must first be paid.
According to him, this government will monitor pattern of expenditure of the local government areas to ensure that funds are deployed to areas that will promote the interest of the people, adding that the chairmen must get approval before they could access their security votes and imprest.
‘’ All salaries owed local government workers must be settled before any security votes are released to the caretaker chairmen. We must uphold the welfares of workers at all levels’’, he said.
The Governor who had been a local government chairman aware of tricks played by some top officials of the local government also extended the warning to the Local Government Heads Personnel Management (LGHPM) and Treasures against colluding with caretaker committee chairmen to negatively manipulate financial process in the council.
‘’ Sanctions await any Local Government Head of Personnel Management or Treasurer who colludes with the chairman to release unauthorized funds’’.
While directing the local government caretaker committees to always remit taxes deducted after payment of salaries also advised that they should interface with security agencies to promote peace and order.
Meanwhile the chairman of the Port Harcourt City Local Government Council, Christian Chiokwa promised that apart from payment of salaries, he would ensure security by liaising with security agencies to create peaceful atmosphere for business and citizens. He also said he will focus on the sanitation of the state capital
The president made the assertion on Wednesday in Abuja during a news conference organised by the association ahead of the NBA Section on Legal Practice’s (NBA-SLP) annual conference.
According to Mr Osigwe, the problem in Rivers State was caused by the ego of the principal actors in refusing to sit down to find a solution that works for the people of Rivers.
“Blaming the Supreme Court or any other body will not solve the problem. If the actors had placed Rivers above their own personal interests and cared about the security and welfare of the people, we would not be where we are. It became an ego fight and an issue of who wins. So, ego is at the base of the problem in Rivers and not the Supreme Court.
“People get judgements from the court and still decide to go for an amicable solution, so it is not the judgement of the Supreme Court but the principal actors that are to be blamed,’’ Mr Osigwe said.
He added that while the NBA was not in a legal argument with the president, the association was of the view that some of the actions taken might not be supported by the constitution.
“We are of the opinion that Section 305 of the 1999 Constitution cannot be read in isolation from Section 11 of the same constitution. There have been killings in many states in Nigeria and much more breakdown of law and order than we have seen in Rivers but no state of emergency was declared in those states. We are of the view that the problem in Rivers can be solved by the principal actors swallowing their egos and putting the welfare and security of the people of Rivers above their personal interests.
“This declaration may not solve the problem in Rivers and it worries me that an administrator can be appointed and worse still, a retired military officer to administer the state. It is unconstitutional and should not be supported because we may be setting a dangerous precedence,’’ Mr Osigwe said.
Earlier, the Chairman of the Conference Planning Committee, Paul Harris Ogbole, (SAN), said that the theme for the 2025 NBA-SLP Conference was “Uncommon challenges in a rapidly changing legal environment.’’
Mr Ogbole said the conference aimed to explore the contemporary challenges evolving in the legal environment.
He said they would also explore the impact of global interconnectedness on legal systems, the growing demand for specialised legal services and provide insights into navigating the legal frontiers.
The conference will also highlight great opportunities for legal practitioners including the development of legal technological solutions, the expansion of alternative dispute resolution mechanisms and the increasing focus on access to justice and legal empowerment.
The conference will hold in Jos from April 24 to April 27.
The president also cited the destruction of pipelines by suspected militants as a contributing factor to the declaration.
However, Anabs Sara-Igbe, a chieftain of the Pan Niger Delta Forum, disagreed with the president’s action on the emergency rule.
He stated that all avenues for mediation should have been exhausted before resorting to an emergency rule.
“President Tinubu’s invocation of Section 305 of the Nigerian Constitution at this time is inappropriate. The president claims to have declared a state of emergency to restore peace, but the real question is: why is the FCT minister Nyesom Wike, the key figure in the crisis, not suspended?”, he queried.
Chief Sara-Igbe said the president’s suspension of Rivers’ elected officials from office was unconstitutional.
“Unlike in Sokoto, Borno, and other northern states, there is no war or loss of lives in Rivers that warrants the declaration of emergency rule in a peaceful state,’’ Chief Sara-Igbe explained.
He, however, accused the president of not being sincere with the people of Rivers State and had taken sides in the crisis through his actions and comments.
Ann-Kio Briggs, a prominent environmental and human rights activist, also decried President Tinubu’s justification for the emergency declaration, particularly his claim that Gov Fubara failed to brief him or condemn the pipeline explosions.
She stated that Gov Fubara had, on multiple occasions, informed the president of developments in the state.
“On March 11, PANDEF met with the president to brief him and seek his intervention; the group had also made efforts to mediate peace between Fubara and Wike,” Ms Briggs said, adding, “So, for President Tinubu to give the impression that no efforts were made to resolve the crises is misleading.”
Ms Briggs said the president’s reference to pipeline attacks as a basis for the state emergency was not convincing since pipelines had been vandalised for decades in Niger Delta without such drastic measures being taken.
She acknowledged that while the president had the power to declare a state of emergency, he did not have the constitutional authority to suspend an elected governor.
“This decision is hasty, rash, and premeditated, posing a grave threat to the people of the state; it is a targeted plot against Governor Fubara. It is unacceptable,” Ms Briggs added.
She also referenced Chief Wike’s past remarks on TV, where he allegedly claimed to have the capacity to sabotage pipelines, and questioned why the minister was not suspended.
“Why wasn’t the minister suspended, considering he is a major player in the crises and the one the 27 lawmakers take instructions from?” Ms Briggs noted.
Tonye Cole, the APC governorship candidate in the 2023 Rivers election, blamed all political actors involved.
“Today is a dark day in Rivers politics; the president had no choice but to step in to address the situation. I believe the president made some attempts to resolve the issues, but he did not push hard enough to bring the matter to a peaceful conclusion,” Mr Cole said.
The Tide source reports that two female members shouted at each other over the political crisis in the South-South State.
The two female lawmakers, Marie Ebikake (PDP, Bayelsa) and Blessing Amadi (PDP, Rivers), engaged in a shouting match on the constitutionality of the President’s decision to declare a state of emergency in Rivers State.
This happened before the commencement of the plenary.
It took the intervention of other lawmakers in the chamber to prevent the issue from snowballing into an uncontrollable situation.
Recall that President Bola Tinubu on Tuesday declared a state of emergency in Rivers State following the prolonged political crisis in the state.
The president also suspended Governor Siminalayi Fubara, his deputy, Ngozi Odu, and members of the state assembly for six months.
President Tinubu also nominated a former Chief Of Naval Staff, Vice-Admiral Ibok-Ete Ibas (retd), to administer the state.
Reacting, the spokesperson of the House of Representatives, Akin Rotimi, said President Tinubu informed the national assembly through a letter before the emergency proclamation.
Hon. Rotimi added that President Tinubu’s letter informing the House of his decision and seeking approval on the state of emergency in Rivers in line with section 305 of the Constitution had been transmitted to the green chamber and would be read during plenary on Wednesday for further legislative action.
He said President Tinubu met with the leadership of both chambers, and the National Security Adviser and Service Chiefs before the broadcast.
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