Adamawa: The Illegality And Unconstitutionalism Of The Appointment Of LG Caretaker Committees

Abdulrahaman Yebbi

The Adamawa State House of Assembly have, as it’s first assignment foisted on it by the Executive, amended and have today, passed into law the Local Government Adminstration Law to give “legal” backing to the Government of His Excellency, Alhaji Umaru Ahmadu Fintiri to appoint the so-called Caretaker Committees to man our Local Government Councils in the State.

While the Adamawa State House of Assembly has the power under section 8 to make laws that will ensure the Continuous existence of the Local Government system, it is however incompetent to make amendment into any law that will overeach and/or render hopeless, any provision of the 1999 Constitution particularly Section 7 therein.

The Local Government Caretaker Committee, Sole Administrator or whatever name it is called cannot replace the express mention of the word “democratically elected” under Section 7(1)(2) of the 1999 Constitution and fortunately, the Chief of Staff to the Executive Governor, Prof Maxwell Gidado SAN is a learned silk who is also an authority in Constitutional law and so conversant with this line of argument.

Section 7 of the 1999 Constitution provides that “the system of local Government by democratically elected local Government Councils is under this Constitution guaranteed; and accordingly, the Government of every state shall subject to Section 8 of this Constitution ensure their existence….”

However, Caretaker Committee being an undemocratic system whereby the Governor in connivance with his party handpicks few individuals viewed to be close allies or loyalists of the Governor and the party to run the affairs of the Local Government Council’s against the spirit and letter of the Constitution of the Federal Republic of Nigeria cannot be the contemplation of Section 7 of the 1999 CFRN, as amended and therefore unconstitutional.

Therefore, the purported legal backing to the intended action of the Governor to appoint Caretaker Committees is illegal, unconstitutional and of no effect to the extent that it is in conflict with Section 7 of the 1999 Constitution and section 1 of the Constitution provides that any law that is inconsistent with its provision shall to the extent of that inconsistency be null and void. This is the fate that awaits the appointment of the Caretakers by the Adamawa State Governor should he defie legal advice and push on with his action.

This is a coup against the Constitution and will bring a serious aberration into the local Government system which must be resisted by all democrats and well-meaning citizens of Adamawa State through the instrumentality of the law. Unless democratically elected individuals are allowed to man the affairs of our Lord Government Councils, ineffectiveness, inefficiency, transparency and accountability will continue to elude us.

It is true that under the Caretaker system, the rural population are disenfranchised (without an opportunity to partake in choosing their leaders). They have no imput in the affairs of their local Government Councils and are cut off completely from the decision making process. This negates the purpose for which the Local Government Councils were created in the first place which is to bring government’s presence closer to the people at the grassroots.

There is a popular saying by Lord Denning of blessed memory that illegality is nothing but illegal. You cannot put something legal on Illegality and expect it to stand! This saying agrees in every word with what His Excellency, Governor Umaru Ahmadu Fintiri seeks to do with the appointment of the Caretaker Committees in place of democratically elected Chairmen provided for under the Constitution.

This singular act of subversion of our grundnorm, the Constitution, holding our democracy hostage and kidnapping its ideals and seeking to replace it with sadistic intent to oppress the grassroot population who overwhelmingly voted for this Government conflict with the posture of people’s Governor status whichHis Excellency, Alhaji Umaru Ahmadu Fintiri claims!

The Guardian of Saturday, 02 April, 2011 averred that State Governors have turned the Local Government into an irrelevant scheme of things as they are found of taking over their financial allocations, counterparts funding and refusal to conduct Local Government elections but instead, ruling Local Government Councils with appointed Administrators. How relevant is this statement to what Governor intend to do in some few days to come!

It is exasprating to note that Governor Fintiri will soon turn Local Government Councils into vassals of state held in the trail by parties and executive structures that have confiscated the local Government and strangulation development at the point nearest to the people of the grassroots in Adamawa State.

It is pertinent to state that only a State Governor that is full of fear of losing election and lacking in self confidence will indulge in such an unconstitutionalism and Illegality. May God give the Governor the will to resist this temptation of subverting the provision of the Constitution of the Federal Republic of Nigeria and may the Lord give him the wisdom to snow out this political booby-trap which is capable of haunting his Government in the next four years

A. Njidda Yebbi Esq
Principal Partner
Niidda & Co (Husna Chambers
New Market Road Ganye LGA
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