Why We Voted Against LG Autonomy – Speakers (Dec 20, 2014) Indications yesterday emerged that the proposal by the National Assembly for granting of financial autonomy to the 774 local government councils in the country, in the ongoing constitution amendment through concurrence of at least 24 of the 36 states Houses of Assembly, has been rejected. At least 23 states, namely Ondo, Ekiti, Osun, Borno, Yobe, Taraba, Bauchi, Gombe, Kaduna, Kano, Kebbi, Katsina, Sokoto, Zamfara, Rivers, CrossRiver, Bayelsa, Delta, Edo, Akwa Ibom, Enugu and Imo states voted against local government autonomy. However, Oyo, Ogun, Lagos, Ebonyi, Anambra, Adamawa, Nasarawa, Plateau, Niger, Kogi, Benue, Kwara and Abia voted for local government autonomy. Leaders of some states Houses of Assembly have advanced irregularities in the Local Government Autonomy Bill, lack of sustainability of the proposed autonomy and immaturity of the local governments to be left unchecked by the state legislature as some of the reasons why they voted against local government autonomy in the proposed constitution amendment. LEADERSHIP recalls that the National Assembly had in October 2014, transmitted to the state Houses of Assembly, 23 items it had amended in the constitution which required concurrence of 2/3 out of the 36 states Houses of Assembly in line with constitutional provisions. Among the items forwarded to the state Houses of Assembly for the required concurrence were proposals for financial autonomy for local government councils as against joint account stipulated by the 1999 constitution, financial autonomy for state Houses of Assembly, separation of the office of Attorney General of the Federal from that of the Minister of Justice, ditto for offices of the Attorney General and Commissioner for Justice at the state level, among others. Speaker of the Taraba State House of Assembly, Dr. Mark Usani Bakko yesterday told LEADERSHIP Weekend that the majority of lawmakers in the state parliament were not favourably disposed to allowing local government autonomy, hence the decision to vote against it. The speaker, in a telephone interview, said teachers had in the past suffered the effects of local government autonomy and if they voted for it, some local government chairmen in the country would take undue advantage of it. He emphasised that the Nigeria Union of Teachers (NUT) and Nigeria Union of Local Government Employees (NULGE) had consistently kicked against local government autonomy, stressing that it would be of disadvantage to some local government workers in the country if granted. His position however contradicts the position of the General Secretary of NULGE, Joshua Irapakop who reportedly said the refusal of states to support local government autonomy had killed democracy at the local government level in the country and advised NULGE members not to vote in the forthcoming general election or to vote out the ruling parties in states that voted against the autonomy. Also speaking on the issue, the Director Press, Kano State House of Assembly, Malam Kabiru Salisu Koki, said members of the state assembly cited irregularities in the Local Government Autonomy Bill as reason for their decision to vote against the Bill. According to him, the legislators on December 17, 2014 during their sitting deliberated on the LG autonomy Bill, where the reason was advanced. He however said the specific irregularities were not elaborated on by the lawmakers. In Osun State where lawmakers also voted against the local government autonomy, Speaker of the state House of Assembly, Hon. Najeem Folasayo Salam said the parliament voted against it because it is not sustainable. Speaking on its opposition to the local government amendment Bill to the 1999 constitution, the Speaker said local government administration is supposed to be subjected to the state House of Assembly’s legislation. According to Salam, state governments are supposed to be involved in the total development of the local governments under them as the local governments are an integral part of state administration and for all round development of a particular state, the state government must be involved in the administration of its local governments. In Rivers State, the House of Assembly said it opposed autonomy for local governments because it believes the third tier of government is not yet matured to be left unchecked by the state legislature. Leader of the House, Hon. Chidi Julius Lloyd, who disclosed this in a telephone interview with LEADERSHIP Weekend in Port Harcourt, said the 1999 Constitution gave the House of Assembly power to oversee the functions of local government administration. Lloyd, who represents Emohua Constituency in the House, said the immaturity of the local government administration could be traced to its inability to pay salaries of primary school teachers and personnel of the primary health care system as well as frequent squabbles between the legislative and executive arms of the third tier of government. He said, “we voted against local government autonomy because the constitution gives us the power to oversee them. The local governments are not yet mature. The salaries of teachers were owed for years and the legislature at the local government level is threatened. “They elect councillors who do not know why they are elected. It is not better to allow salaries of primary school teachers and primary health care in the hands of the local government administration. There is still need for the State House of Assembly to oversight the local government system. Besides, it is also in the interest of the chairmen and vice-chairmen that the State House of Assembly oversights the local governments in order to ward off impeachments and removal from office by the legislative arm. So, we are also doing that to help them. “They may not understand, but the State House of Assembly does not have anything directly to gain from voting against local government autonomy.” In Akwa Ibom State, at the plenary held within the House of Assembly Chamber, the lawmakers were unanimous in voting against autonomy for the local governments, scrapping of the state independent electoral commission and other contentious provisions in the constitution. The lawmakers, it was learnt had endorsed over 60 clauses in the document forwarded to them by the National Assembly, but kicked against the independence of the councils and others, arguing that local governments should remain under the purview of states. According to the member representing Nsit Ubium, Hon. Onofiok Luke who also chairs the assembly’s Budget and Appropriation Committee, “the local governments have always been under the control of the state governments,” arguing that the Federal Government has no jurisdiction over the third tier of government. At the end of the plenary session presided over by the outgoing Speaker, Elder Samuel Ikon (Etinan), the House was dissolved into committees to further deliberate on other issues in the document. In Yobe State, the House of Assembly based its decision to vote against local government autonomy on the recommendations of its ad hoc committee which scrutinised the proposed amendment. Speaking to LEADERSHIP Weekend in his office Speaker of the House, Hon Adamu Dala Dogo said the decision to reject it was as a result of the position paper received from the Nigeria Union of Teachers (NUT). According to him the NUT had called on all houses of assembly to shun the idea because local governments lack the financial strength to cater for basic education or capital projects. He recalled that the NUT said that history had shown that education was in shambles under local government administration in the past and that any attempt to re-invitent it would impede educational development in the country. Dogo said the members through a voice vote, voted against full autonomy for local governments. Also commenting, the member representing Tarmuwa constituency, Hon Usman Adamu Kabarma said that, “we do not support autonomy for local governments. We have rejected the proposed autonomy and urge the people and the National Assembly to consider its effect if granted.” In Delta, the Special Adviser to Gov. Emmanuel Uduaghan on Labour Matters, Comrade Mike Okeme described the vote against local government autonomy as a ploy to sustain looting of the councils’ allocation. He described it as total disregard for constituted process. “The autonomy empowers the councils’ authority to be independent. I see the vote against it as endorsement of fraud,” Okeme added. Deputy Senate President and Chairman of the constitution review committee; Senator Ike Ekweremadu had stated that constitution amendment has always been a leading democratic convention predicated on the fact that no law of any kind stands the test of eternity. He argued that because laws are made for man, and not man for laws, Nigerians elected to take yet another look at their constitution to further address some salient shortfalls and contradictions in order to deepen democracy and strengthen federalism adding that, “this is a task the legislature has confronted with dogged determination and an unwavering commitment.” He said, “today we are gathered here on what is the ultimate stage of a challenging, but a most fulfilling process – challenging because of the myriad of obstacles we had to surmount and fulfilling because of the successes thus far as a result of shared commitments and collective contributions. It is therefore fitting to once more use this opportunity to convey our thanks to the people of Nigeria in your various constituencies, especially those who made submissions to the Senate and House Committees on the Review of the Constitution or participated in consultations organised by the committees, for their overwhelming response to the review process. “The Bill you have transmitted to us today is a culmination of the will of the people of Nigeria. The legislature has long recognised that to secure the future of Nigeria, it must produce a constitution that would meet the aspirations and needs of Nigerians and that which will facilitate national development in an equitable manner. Durability of constitutions depend on public support as citizens and the public are less inclined to support a constitution without their input. There is no doubt that broad citizens’ participation, which was the mainstay of the review process has added value to the democratic process and improved the quality of governance.” He also added that, “it can be gleaned from the resolutions you have transmitted to the National Assembly today that the amendments set out institutional and legal reforms, which together with sufficient political will, may help to provide for constitutional and other legal guarantees for the practice of true federalism; provide for accountability and transparency in governance; and, create an independent judicial system that would ensure the proper administration of justice in Nigeria. “In conclusion, we hope and pray that the outcome of this amendment, which is a major contribution of the parliament in deepening our democracy, will be fully operationalised for the good of our people.” However during the presentation of the reports of the Conference of Speakers of State Houses of Assembly on the constitution alteration Bill yesterday, while the chairman of the conference of speakers, Hon Samuel Ikon, loudly declared that the state legislators had this time around concurred to financial autonomy for the state assemblies, he was silent on what happened to the proposal on local government autonomy. Ikon who is the Speaker of the Akwa Ibom State House of Assembly added that the required concurrence from at least 24 of the 36 state Houses of Assembly was also given to the constitution amendment proposal for separation of offices of Attorney General and that of the Minister or Commissioner of Justice at both the federal and state level but was not forthcoming in any way on what they did to the one for local government autonomy. According to him, “few weeks back, we the speakers of the State Houses of Assembly were here to receive the resolutions of the conference committee of the National Assembly on Constitution Review containing 23 items for concurrence from us and I assured then on behalf of other speakers that we shall stand on the side of the people and democracy as far the proposed items for amendments were concerned. “Today, I am happy to inform you all that with these resolutions of ours we are transmitting to the National Assembly, we have stood on the side of the people and acted to further deepen democracy in our country.” He also revealed that they had specifically concurred to the need for financial autonomy for state Houses of Assembly, separation of the office of Attorney General and that of Minister of Justice at both the federal and state levels etc In a subtle confirmation that the request for local government autonomy had been jettisoned by the state legislators by way of non concurrence in the report they submitted, the Senate President, David Mark in his remarks after receiving the report, though commended the state speakers for concurring to financial autonomy for state assemblies, said if the local government autonomy is not achieved this time, it could be re-presented in future through similar process. He said, “I appreciate the fact that we have amended some aspects of the constitution and that we are going to amend some aspects of the constitution based on what we have drafted but let me make one point clear, it doesn’t matter how many times we amend the constitution, it doesn’t matter how often we rewrite the constitution, unless the operators are prepared to go by the constitution. “So, the exercise is not just a matter of amendment but we the operators, Nigerians must also be prepared to adhere strictly to the constitution. That is the critical aspect of it. It is not a constitution amended to serve any particular section or a constitution to be obeyed by a section of this country or any group of Nigerians. It is a constitution that is binding on all of us irrespective of our positions in the society. So, we the operators are very important and we are key in the working of the constitution.” Speaking further, Mark said, “I have not read the areas that you have gotten more than the required percentage so I can’t make comments on it but the Speaker of Akwa Ibom State said that the one of state legislature has passed the required test, in other words, the financial autonomy of the state legislature. I think that was one of the areas where in the first amendments, the state assemblies did not have the courage to agree to but I must congratulate you for your courage. “One of the areas which I think we asked you to approve also is the local government autonomy. I don’t know if you had the courage to do that but if you have not concurred to it now, no problem, it is a continuous exercise, it shall be re-presented in subsequent exercises.” Apart from the rejected local government autonomy, it was not clear whether the State Assemblies concurred to other salient items like independent candidacy, conferment of immunity on lawmakers in respect of words spoken or written in the exercise of their legislative duties through amendment of Section 4 and also amended Section 9 of the constitution which if it had been concurred to, there would be no need for presidential to assent to the already finished alteration exercise. Ihedioha Assures Due Diligence By NASS The chairman of the House of Representatives Ad-hoc Committee on Constitution Review and deputy speaker of the House, Hon. Emeka Ihedioha, has promised that the collation of resolutions by the 36 state assemblies on clauses for amendment of the 1999 constitution will be thoroughly carried out by the National Assembly in order to achieve a desired end result of the exercise. Speaking during the submission of resolutions on the constitution amendment by the state assemblies at the National Assembly in Abuja yesterday, Ihedioha said, “we are justifiably proud of the work done by the National Assembly contained in the proposals sent to the state Houses of Assembly for their approval or rejection as the case may be. “Whatever the outcome of the returns from the states, we will accept it as the inevitable consequences of running a federation where the input of the states is a critical requirement. Indeed the process of amending or altering the constitution is a continuous one. It does not end with this exercise,” he said. Ihedioha added that he felt a personal sense of satisfaction at the way the collective views and aspirations of Nigerians from all walks of life had been reflected largely in the amendment exercise especially at the level of the National Assembly and therefore assured that the National Assembly would carry out the final step of the exercise with dispatch given the limited time left for the current 7th Assembly.
Posted on: Mon, 22 Dec 2014 15:45:53 +0000
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