Adamawa state House of Assembly (ADHA) as the second tier of Governnent whose primary duties is to make laws and resolutions to the benefit of people living in the State has been in the path of progress since its inception. But it appears of recent there is a fracas when a request was made through a formal letter by the Association of Local government organisation of Nigeria (ALGON) wanting a tenure elongation to exceed their two years stutory term and the honourable House are considering making a decision on the matter.
This act has become a topical issue and seems to be generating a public debate in many part of the state. Raising question of general public interest as to why the request at the moment? What is the veracity that the law amendment or making a new law will not temper or override the existing Law that stipulated only two years for all the 21 LGAs chairmen? Some are the opinion that there is possible political under tune of the request that will alleviate some and to others scuttle their political dream. Or can there be economy gains of both the LGA chairmen and the 25 lawmakers? These are the disturbing questions in the minds of concern citizens of Adamawa state.
Its known World over All Members are elected to represent the specific interests of their constituents and also to represents their local government and must consider the needs of all indigenes while making laws. Whatever their political outlook, and regardless of which side of the Assembly they sit on, members’ duties and obligations are considerable in creating laws that are to the general interest of public.
Members has a duty of over sight functions, whereby every Work or on going projects in the state is within the approved budget and in accordance to the specification of the constitution. The services of the lawmakers are also to checkmate the executive on implementable budget. Each service has various standards that must be met; for example, whenever the appropriation of a bill is passed on to the house they must ensure that estimates are critically analysed and resources are distributed in such a way those in need are put in priority. They must also ensure that the money budgeted is efficiently utilized judiciously as intended. When it comes to law making, the House of Assembly must ensure the laws are passed with the positive interest of Adamawa people at heart. The laws must also be practical and implementable over a long period of time.
This is to say that the law sponsored by Hon Suleiman Alkali sometime in June, 2016 which was aimed in reducing the tenure elongation of LGA chairmen from two and half years to two years has became a sanctity instrument that can never be joked with,like the sacred cows whose life is precious and protected at all time so are law in our contemporary lives. Changing it or tempering with it can lead to a domicile war within the ambiences of law,making it ambit and inflexible to satisfy the desire goals it was created.
Looking at the whole scenerio at the proper perspective, a Public affairs analyst and a Lawyer,Barr Sunday Joshua Wugira opined that the Adamawa lawmakers should not make any law to that effects because is “nul and void,and unconstitutional” as there cannot be law to override another Law.
Recall that ALGON in a letter to the honourbale house dated 24th May,2018 with a headline thus:
“RE: AMENDMENT OF THE ADAMAWA STATE LOCAL GOVERNMENT SYSTEM ESTABLISHMENT AND ADMINISTRATION (AMENDMENT) LAW NO.2008”
The letter which reads in parts said:
“Sir,the purpose of this letter is to appeal to the honourable Members Adamawa state house through your good office,to still revisit the above Law earlier passed by the House of assembly with a view to reconsider the tenure of local government Chairmen in Adamawa state.”
Bassing their reasons of the fact that in 2008 Justice Bimare Bamsi passed a simmilar judgment in favor of the then ALGON of tenure elongation.
Wugira chides the Lawmaker never to contemplate tempering with the law that was sponsored by Honourable Suleiman Alkali that sliced down the Chairmen’s tenure from two years and half to two years.
Acccording to him the above law judgement passed by Justice Bamsi is to delested that the LGA chairmen elected for a three years tenure and the House of assembly later passed a law during a tendency and substancy of local government council in issues.
Wugira continue to say that: “A law cannot come and invalidate a law that’s in existence,the local government chairmen were elected for three years and the then council (lawmakers) wanted to reduce the number of years by way of a law.
“The present House of assembly must be well informed that they are trodden in a very dangerous ground,it will not help them, it is not good for democracy and is not good for the polity in anyway.” Wugira Said
The Adamawa state house of assembly through it’s Chairman House committee on Local Government and Chieftaincy affairs, Hon Mohammed Hayatu Atiku (Yellow) also attested that the law passed by House of assembly to had reduced a number of elected LGA Chairmen from two years and half to two years stands and remains a Law.
Honourable Atiku explained that the House does have a constitutio right to make a tenure elongation Law,but what ALGON are soliciting is to look are a similar scenario that happened in 2008 where the tenure of local government chairmen was reduced from two years and half to one year,the then ALGON went to court challenging the House for enacting a Law that will reduce their tenure.
He further explained that the judgment of the high court and appeal court was in favor of the LGA chairmen,he revealed that the House of Assembly wouldn’t have passed that kind of a law because the LGA chairmen have declared their interest to contest an election for a tenure of two years and half, done the nitty gritty of campaigns and screenings,waiting for an election to be conducted before the law was passed and issue of one year tenure does not arise is not applicable to them.
”You cannot change the rule in the middle of the game.” He revealed
Honourable Hayatu maintain that the letter of the present ALGON as an organisation who are loyal to this government is only drawing the attention of the Honorable House to look the similar judgment between the past House of assembly and the past ALGON.
According to him the letter that ALGON brought to the House was attached the previous judgment, reminding the House the law passed to reduce their tenure elongation from two and half year to two years was passed after all political routine exercises were done and cannot be applicable to them.
“As lawmaking body we are to look at the passed judgments and their letter of request to know whether the law reducing their tenure elongation is applicable to them or those that will be coming after as chairmen.
“So the whole issue is not about tenure elongation it is about interpretation,we are to carefully look the past judgments and the stand of our Law, and also look at the period our Law come to existence to know either it corresponds with the timing of 2008 judgment and time we equally passed our Law.
” We are never to make another Law as it being presumed in some quarters, we are to pass a resolution to the executive aim of Government if ALGON request is attainable in the eyes of Law to extend their tenure or not base on our interpretation of the previous judgment and the time that our law came to be.
“The law is there nothing can change it,we can only amend it and we are not ready for amending any law now is left for the Governor after passing our resolution to extend their tenure elongation or not to extend it.” Hayatu said
The House during an investigation on the matter seem to have a Common interest of only doing what is require by the provision of the Law in this matter.
The eyes of many are keenly watching to see the way and manner this will be resolved under the able speakership of Rt Hon Kabiru Mijinyawa who is having a greater majority of the lawmakers support because of his transparent style of Leadership.
The teaming support of the honourable house to the Sen Muhammadu Umaru Jibrilla Bindow led administration is encouraging because of his firm decision taken to Work all round for the benefit of all.
“Bindow is working we have to play our part within the Law to make him succeed in changing Adamawa state.” Barr Sani
