Politics
S’Court Verdict On LG Autonomy, Sheer Judicial Conspiracy – Afenifere
The Pan Yoruba Socio-Political Group, Afenifere, has faulted the Supreme Court verdict that granted fiscal autonomy to local government areas.
It lamented that the apex court’s verdict has “done incalculable injury” to the Nigerian state.
This was contained in a statement signed by the leader of the group, Pa Ayo Adebanjo and its National Publicity Secretary, Prince Justice Faloye, and made available to newsmen in Akure, the Ondo State capital.
Entitled “Tinubu and the Grand Conspiracy Against Democracy and True Federalism in Nigeria”, the statement declared that “Afenifere views the judgment of the Supreme Court in the case filed by the Federal Government on the so-called Local Government autonomy as sheer judicial conspiracy in cahoots with the Tinubu administration against the Nigerian state and its foundational principles of federalism.
“Rather than interpret the constitution to uphold its elementary but overriding federal principle which recognises only a two-tier federal structure of the central government and federating states, the Supreme Court played to the gallery and wittingly allowed itself a most retrogressive declaration that the power of the government is portioned into three arms of government, the federal, the state and the local government.
“For the avoidance of any doubt, Afenifere makes bold to say that in line with its negotiated basis of existence, Nigeria is a ‘Federation consisting of States and a Federal Capital Territory’ as affirmed by Section 2 (2) of the 1999 constitution.
“While Afenifere frowns at corruption and misuse of public funds at levels of government, it condemns in most unmistaken terms the subjugation of the states and its constitutional roles including the Local Government system to the whims and caprices of the federal government by any means including obvious manipulation of the federation account as in the present case.
“The 1999 constitution, which in spite of its flaws, gives life and power to the Supreme Court provides in Section 162 and particularly subsection (6) that “each state shall maintain a special account to be called “State Joint Local Government Account” into which shall be paid all allocations to the local government councils of the state from the Federation Account and from the Government of the state”.
“Against this unambiguous provision the Supreme Court held that “demands of justice requires a progressive interpretation of the law.
“ It is the position of this court that the federation can pay Local Government allocations to the Local Government directly or pay them through the states.
“ In this case, since paying them through states has not worked, justice of this case demands that Local Government allocations from the federation account should henceforth be paid directly to the Local Governments .
“Contrary to this invented alternative routes, Section 162 of the Constitution is not ambivalent about the process and route through which “all allocations to the local government councils of the state from the Federation Account and from the Government of the state” shall become payable to the Councils.
“In other words, the interpretation does not require a voyage into jurisprudential sophistry leading to the absurdity of deliberate judicial amendment of the grundnorm.
“By wittingly or inadvertently equating the Nigerian Federation with the Federal Government in the erroneous belief that both expressions are used interchangeably, such that the President may withhold funds to the credit of the Local Governments from the Federation Account, under the guise of having no democratically elected officials, which is obviously subject to the interpretation by the Federal Government.
“ The apex court has not only done incalculable injury to the Nigerian state, it has lent itself to setting aside its precedent in the hallowed judgment against the President Obasanjo administration withholding funds to the credit of Local Governments in Lagos State even when the Supreme Court agreed that the Local Council Development Authorities (LCDA) created by then Governor Tinubu were inchoate and fell short of constitutional requirements.
“ It is becoming stridently eloquent that with just over a year of its inauguration, the Tinubu government, more than even the military administrations, is uncannily determined to unitarise the Nigerian Federation.
‘Part of the unitary package is the creation of the Ministry of Livestock Development which is the audacious euphemism for the re-introduction of Cattle Colony, RUGA and those other policies by which the Buhari administration sought to appropriate lands in the states contrary to the provisions of the Land Use Act and the Constitution which vest land in the state in the Governor in trust for the people.
“Afenifere insists that the way forward for Nigeria is not the confusing rudderless tinkering but holistic restructuring of the polity to re-enact the fundamental principles of true federalism as agreed by the founding fathers.
‘ This includes the fact that the Local Government system is an exclusive preserve of the states, either by direct constitutional provisions or residual powers in a federation.”
The lawmaker representing Ethiope East/West Federal Constituency of Delta State, Erhiatake Ibori-Suenu, has said that her defection to All Progressives Congress (APC) complied with the relevant sections of the constitution, hence there was no need for Peoples Democratic Party (PDP) to declare her seat vacant.
This is just as she filed an affidavit to support her originating summon, listing her reasons for dumping the PDP for the APC.
Deposing the affidavit at the Federal High Court sitting in Abuja recently, the lawmaker listed the Speaker of the House of Representatives, the Clerk of the House and PDP as defendants.
She said her purpose for leaving the 3rd defendant was as a result of protracted crises in the party.
Ibori-Suenu said: “For over a year, the 3rd defendant has been enmeshed in a series of unresolved leadership crises at the national, which crisis has driven the party into two implacable camps.
“The 3rd defendant (PDP) started grappling with the internal strife before the 2023 presidential election, particularly after the Peoples Democratic Party, PDP, primaries conducted for the election of the party’s presidential candidate.
“Upon the selection of the party’s vice presidential candidate for the presidential election in 2023, the internal disputes in the political party deepened resulting in division amongst the National Working Committee and creation of the (G-5). That is, Nyesom Wike, Samuel Ortom, Ifeanyi Ugwuanyi, Seyi Makinde and Okezie Ikpeazu (then governors of Rivers, Benue, Enugu State, Oyo and Abia states, respectively).
“Following the decision of a High Court which restrained lyorchia Ayu from acting as the party’s national chairman, an Acting National Chairman was appointed for the party.
“But his appointment generated massive discontent, which further divided the party at the national level.
“However, the division in the national leadership lingered due to the continued stay of the Acting National Chairman of the Party and the inability of the party to convene a meeting of its National Executive Committee, NEC, meeting for consideration of a replacement for the substantive National Chairman of the Party in compliance with Article 45(2) and 47(6) of the PDP Constitution (amended in 2017).
“Attached and marked Exhibit IB 2 is the PDP Constitution (amended in 2017).10. On October I1, 2024, the 3rd Defendant’s National Working Committee was embroiled in series of suspension and counter-suspensions amongst the members of the National Working Committee of the party.
“PDP National Publicity Secretary, Debo Ologunagba, announced on behalf of a faction of the National Working Committee that the Acting National Chairman, Iliya Umar Damagum and the National Secretary, Senator Samuel Anyanwu, were suspended with the National chairman being replaced by Alhaji
The National Leader of the All Progressives Grand Alliance (APGA) and Governor of Anambra State, Prof Charles Soludo, has urged members of the National Executive Council (NEC) of the party to end the Supreme Court victory celebrations and focus on work in their respective states and localities.
The National Leader made this statement over the weekend in Abuja during the National Executive Council (NEC) meeting to mark the end of the fiscal year 2024.
Gov. Soludo also extended a hand of fellowship to Nigerians, inviting them to join APGA, which he described as “the most progressive party in Nigeria at the moment.”
Gov. Soludo said, “We want to unite all aggrieved members of the party for progress and the new Nigeria we all desire. I want to tell you that the Supreme Court victory is over and remains a call for unity.”
He expressed joy over the appointment of Ambassador Bianca Ojukwu as a cabinet member in President Bola Tinubu’s administration.
“Under this administration, a member of our party is appointed a minister, and the President moves outside APC. We shall grow from strength to strength because APGA is built to last,” he stated.
Reflecting on his administration in Anambra State, Gov. Soludo highlighted efforts to leave behind a lasting legacy, including a free education policy and significant infrastructural development, which he described as “promises kept to walk the talk.”
The National Chairman of the party, Barrister Sly Ezeokenwa, while welcoming delegates from across the country, expressed optimism about the party’s future following years of struggle for survival and a protracted court case that recently ended at the Supreme Court.
While chronicling APGA’s journey, its founding dreams, and its role as a political voice for the South-East, Ezeokenwa noted that despite recent internal challenges orchestrated by “political merchants,” the party had grown from a regional movement to a national entity.
He acknowledged Gov. Soludo’s pivotal role during the party’s legal battles, describing the governor as an invaluable asset throughout APGA’s struggles.
The National Working Committee (NWC) of the Peoples Democratic Party (PDP) has overruled the expulsion of Ikenga Ugochinyere by the Imo State chapter of the party.
On Saturday, Imo PDP announced the expulsion of Ugochinyere, the lawmaker representing the Ideato Federal Constituency in the House of Representatives, from the party.
The state’s party chapter said the legislator was expelled over alleged misconduct and anti-party activities.
However, a few hours later, the party’s NWC described Ugochinyere’s expulsion as “null and void and of no effect”.
In a statement by the National Publicity Secretary of the PDP, Debo Ologunagba, the party said the move by its chapter in Imo was not “consistent with the express provision of Sections 57 (7) and 59 (3) of the constitution of the PDP (as amended in 2017) and laid down rules of our great party”.
“Section 57 (7) of the Constitution of the PDP is clear in providing that “Notwithstanding any other provision relating to discipline, no executive committee at any level, except the National Executive Committee, shall entertain any question of discipline as may relate or concern a member of the National Executive Committee, deputy governors, or members of the National Assembly,” the statement read.
“Also, Section 59 (3) of the Constitution of the PDP is unambiguous in providing that “Notwithstanding any other provision of this Constitution relating to discipline, no Executive Committee at any level except the National Executive Committee shall entertain any question of discipline as may relate or concern a member of the National Executive Committee, President, Vice President, Governors, Deputy Governors, Ministers, Ambassadors, Special Advisers, or member of any of the Legislative Houses.
“It is therefore clear that no ward, local government, or even state chapter of the party has the power to suspend, expel, or discipline a member of the National Assembly in any form whatsoever without due recourse to the National Working Committee as provided by the Constitution of the PDP”, it added.
The PDP NWC added that Hon Ugochinyere remains a party member with all rights, privileges, recognition, and obligations.
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