Appointment of Caretakers for LGA’s in Kogi State: An Illegality Against “Change” and A Desecration of The Constitution

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I have observed with a curious mixture of private sadness and amusement how complacent many Kogites have been in their reactions to the appointment of so-called “caretakers” for local government councils in Kogi State.

First, for a government whose primary template is the platform of “change” (i.e. change from bad to good), the return of so-called caretakers to man the affairs of local govt councils in Kogi State amounts to a blatant act of self-betrayal.

It was one of the illegalities or unconstititional acts to which the previous PDP government had enslaved itself under the guise of feathering its own political nests. To them, once the party in power has secured and is in control of authority at the local government levels, all other things such as electoral victory at the next general election shall be added unto it.

But what a fallacy!

That was presumably the calculation of PDP while Wada was on the gubernatorial seat. One crucial factor was omitted from its hideous calculations: i.e. destiny and the plan of God, as exemplified by the adage “Man proposes but God disposes.” The truism of this adage was forcefully manifested in the last gubernatorial elections in Kogi State (both in the initial and supplementary elections), which saw PDP/Wada emerging the loser thereat, in spite of the fact that its members were at the helms of affairs at the local govt councils.

But now, the APC govt under Governor Yahya Bello has begun to follow the same perilous road of illegality, unconstitutionalism and, if care is not taken, political failure and perdition.

To be candid, I had not expected the APC as a party to condone or put up with any such reckless assault and political rape on the Nigerian Constitution, in view of its avowed mantra of change. The Constitution is unequivocal in its prescription of a system of local government by democratically elected local govt councils. The emphasis here is on the expression “democratically elected local government councils”. See 1999 Const. (as amended), sect. 7 (1). Is that the same thing as “appointed” caretakers? By no means.

I have always regarded local govt caretaker committees not only as illegal, unconstitutional and opportunistic, but also as a betrayal of the very spirit and principle of democracy which brought their appointors to power. Till now, I still cannot fathom the moral compass or yardstick being used by a Governor who had sworn to defend and uphold the Constitution, only to turn around and renege on his oath of office to appoint caretakers for LG councils.

Hence, during Ibro and Wada administrations, I had taken it upon myself to challenge in court the use of caretaker committees by those regimes to run the affairs of our LG councils. I was not the first to do so. But in all the cases, the appointment of caretakers for LG Councils were declared illegal, unconstitutional, null and void by the High Court of Kogi State. The Court’s decisions still subsist. So how come the present Bello administration is now romancing with the same illegality? It is quite unfortunate to say the least.

I recall that in the suits filed by my humble self to challenge the Wada govt on the same issue, it’s major excuse for appointing L.O.s (Liason Officers) for the LG councils was “lack of funds” with which to conduct elections into those councils. But I think that is the worst excuse any government could give for not complying with the Constitution.

Perhaps the Bello government would also give the same excuse, if challenged before the law court. The simple answer to that puerile excuse is this: suppose the federal government had given the same type excuse and refused to conduct governorship election, how would Ibro, Wada or Bello have become Governors? I think it is very unfair to the grassrooots.

The purported appointment of caretakers for local governments, like the previous similar exercises before it, is not only illegal but also amounts to a denigration, nay, an annihilation of democracy at the place closest to the people, the grassroots. And, I insist, that is politically unfair and unethical. It is the very antithesis of the change mantra of the APC. It ought not be condoned by that political party, otherwise it unwittingly portrays itself as a huge joke. To whom much is given much is expected.

– Barr. Yemi Mohammed


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