By Ignatius Chukwu & Igwe Wofurum
The Rivers State House of Assembly at its 120th Legislative Sitting (Wednesday last week), further amended the Rivers State Local Government Law No. 5 of 2018 and other matters connected thereto.
Before passing the Bill, the House debated on the pros and cons of the Bill; and thereafter, in line with the rules of the House resolved into Committee of the Whole and gave the Bill clause by clause consideration.
Contributing on the Bill, members commended the sponsor of the Bill, describing it as an essential amendment that will engender smooth and uninterrupted democratic administration at the Local Government level.
Commenting on the Bill, the Speaker, Rt. Hon. Martin Chike Amaewhule, posited that the intendment of the Bill is to amend Section 9(2), (3) and (4)of the Principal Law to empower the House of Assembly via resolution to extend the tenure of elected chairmen and councilors, where it is considered impracticable to hold Local Government elections before the expiration of their three years in office; adding that the amendment is to ensure that Local Government elections are conducted before the expiration of the outgoing Local Government administration.
Adumbrating further, the Speaker stated that upon the expiration of the tenure of the outgoing Local Government administration, the Governor shall swear in the newly elected chairmen and vice chairmen of the Councils, but where the Governor is unable or fails to perform the duty, the House shall by resolution mandate Judicial Officers or Magistrates to perform the task; stressing that the progressive intendment of the Bill cannot be overemphasized.
RSIEC Law:
In a similar development, the House gave First Reading to the Rivers State Independent Electoral Commission (RSIEC Amendment) Bill, sponsored by Hon. Linda Somiari-Stewart, Member representing Okrika Constituency; which is a Bill for a Law to amend the Rivers State Independent Electoral Commission Law No 2 of 2018.
Chief Tony Okocha supports the new Law:
Chief Tony Okocha, the Rivers State caretaker chairman of the All Progressives Congress (APC), has thrown his weight behind the new law that extends the tenure of the local councils.
In what he titled; “The Law speaks in lawful societies, not sentiments”, he said the 1999 Constitution of the Federal Republic of Nigeria as amended had no express provisions for the administration of Local Governments.
Details:
It only recognised Local Governments as the Third tier of Government after the Federal and State Governments.
The Constitution, therefore, vested the powers to make laws to guide the administration and control of the Local Government on the respective States’ Houses of Assembly.
This power wasn’t ceded to the Governors of the States.
It is the States’ Houses of Assembly that recommend the tenures and other ancillary laws of Local Governments, just as it makes laws for the State.
This new amendment to the Local Government law made by the Rivers State
House of Assembly in exercise of their powers derived from the grund norm – Constitution of the Federal Republic of Nigeria as amended and also in pari material/consistent with Section 135 (3) of the Constitution.
Anyone can read up the aforecited section of the Constitution and relate with the development in Rivers State.
Laws do not take retroactive effects. A law made today doesn’t affect an action taken yesterday. It takes effect from the day it is assented to by the Executive or vetoed by the Legislature in a case where the Executive refuses to assent to the law within the time provided for by the constitution.
The NDDC establishment law of 2000, is a classicus. Many others too.
The newly amended section of the law on Local Government, doesn’t affront the Executive.
In the principle of separation of powers as enunciated by the French Philosopher, Baron de Montesque, he clearly identified three arms/organs of Government and vividly defined roles: The Legislature makes laws; The Judiciary interprets; The Executive executes. Is there a conflict of functions here?
The All Progressives Congress (APC) in Rivers State stoutly supports the new amendment of the Local Government law of Rivers State.
The State House of Assembly derived her powers from the constitution of the Federal Republic of Nigeria as amended.
The new amendment is not ultra vires to the Constitution of the Federal Republic of Nigeria, rather, it is in sync with Section 135 (3) as contained in the Constitution of the Federal Republic of Nigeria (as altered).
It is the best of all possible legislation in the present circumstances in Rivers State.
Anyone who is aggrieved or feels so, including Gov Siminialayi Fubara, the Executive Governor of Rivers State and ilk, should approach the Court, not the senseless sponsored media trials.
But let me dare to ask: What was the reason for Gov Siminialayi Fubara’s reluctance (nay refusal) to conduct the Local Government elections even when the APC in Rivers State aided him by calling his attention to the instant laws?
The guilty they say, is afraid.
It is also an acceptable aphorism that “clear conscience fears no accusation.”
Why does Gov Sim relish in illegalities, jejunes and inanities?
Is it to add vent to the Chinese adage that ” Who the gods want to destroy, they first make mad”?
I note cursorily that even as the Governor and his advisers pass the buck of not conducting Local Government elections in Rivers State to the Rivers State Independent Electoral Commission (RSIEC), they should be reminded that the RSIEC is in the ambit of the Executive organ wherein the Governor is the Chief Executive.
A citizen’s prognosis of the new law:
The recent amendment to the Rivers State Local Govt Law with regards to the tenure of Council Chairmen: Emeka Amaefula’s prognosis:
- The bill has been passed by the State Assembly, and the governor has 30 days within which to either assent or refuse assent.
- Failure of the governor to give his assent after the constitutional period of 30 days, automatically reverts the bill back to the Assembly for further action.
- The Assembly is most likely to veto the governor and pass the bill into Law by 2/3 majority, which they have.
- At this point, the bill automatically becomes Law that is binding on all authorities within the State jurisdiction.
- Whether the said Law as passed by the Assembly is without flaws or otherwise, is for such a critic who has the locus standing to approach the Court for an interpretation as to whether it is validly made or not.
- Meanwhile, pending the interpretation by the Court (which will ultimately get to the Supreme Court, anyway) that Law so passed remains in force.
- I see the judicial fireworks extending beyond June, 2024, as the Supreme Court will be the final arbiter in this journey seeking judicial interpretation on this Law.
- Meanwhile in the event the governor opts for a caretaker contraption for the Councils in defiance of the Law in force ( which said Law forbids the setting up of caretaker committees) will be the beginning of constitutional and legal crisis of monumental proportion in the State, only God knows the casualties.
- The scenario emerging ( if the governor is bent on putting up a caretaker arrangement, which will be illegal anyway) would be ; an illegal caretaker chairman of Council versus legally elected chairman of Council backed by the Law made by the State Assembly. AND this is where the tsunami wildfire crisis will erupt.
- To extinguish this wild fire will involve the interplay of legal and political solutions.
- Where the Supreme Court pronounces on this matter early, the fire will be doused promptly.
- Where the Law does not speak early on this matter, then all eyes will be on a political solution, definitely from the Federal government as the inferno would be out of hand for the State to handle.
- But I see the Law at the court of first instance speaking to the parties to maintain the status quo. This gives victory to the elected chairmen to continue to administer the Councils and receiving statutory allocations.
- Arising from the above thereof, I see the State trying to withhold Councils’ allocations. I also see the Federal government rebuffing the State, citing maintenance of the status quo.
- At the end of the journey through judicial pronouncement of the validity or otherwise of the amended Law, I see the Law speaking in favour of the elected chairmen of Councils.
Let me quickly say that this prognosis is a distillation of my legal researches and judicial authorities on the matter at hand. And this platform not being a legal platform informs me not to bother readers with plethora of legal citations and the ratio decidendi. Suffice it to say I only need to summarise these legal findings and present same in a layman’s understanding on this platform.
