Caretaker Committee: A Violation Of The Local Government Law
There is palpable fear by Rivers Citizens, elite and electorate that Rivers State Chief executive and product of the rule of Law, Rt. Hon. Chibuike Rotimi Amaechi (CON), might have violated the Provisions of Section 9 of the Rivers State Local Government Law No. 2 of 2012, the most current, following appointment of Care taker Committee.
Governor Amaechi assented to the said Law on Thursday 2nd February, 2012 making it a legal and public working document to the State.
Before the appointment, there was the rumor making the round that Governor Amaechi was about to constitute a caretaker administration Committee to oversee the running of Local Government Councils in the State after the tenure of office of the elected serving council administration. If the rumor has any iota of truth in it or perhaps as being contemplated by the governor, it was viewed with less concentration as the Governor is believed to have knowledge of the law of the state he assented to two years ago, Precisely in February 2012.
The Local Government System is a creation of the Federal Government via the Provision of the 1999 Constitution. Section 7 Subsection 1 of the 1999 Constitution reads “the system of local government by democratically elected Local Government council is under this constitution guaranteed; and accordingly, the Government, of every state shall Subject to Section 8 of this Constitution, ensure their existence under a law which provides for the establishment, structure, composition, finance and functions of each councils”. Obviously, the Rivers State House of Assembly like all other Houses of Assemblies was empowered base on the 1999 Constitution to enact laws for the respective State Local Governments.
Section 9 subsection 1 of the Rivers State Local Government Law No. 2 of 2012 therefore prescribe a 3year tenure of office for chairmen and councilors-“the tenure of office of the chairman and members of an elected local government council shall be three(3)years”.
The immediate past Local Government Councils in Rivers State were sworn-in on Tuesday May31st, 2011 at the auditorium of the Rivers State Government House, by his Excellency Rt. Hon Chibuike Rotimi Amaechi.
It is worthy of note that by every standard, that administration of local government in Rivers State had expired on Friday May 30th, 2014; and the Governor had acted appropriately, kudos to him.
It could be recalled that, recently the Government House chief of staff, Chief Hon. Tony Okocha debunked the rumor making the rounds that the governor had or intended to extend the tenure of the serving Council Chairmen in the State but assured that whatever is the situation on those whose tenure would end on May 30th 2014, the governor would speak to Rivers people when he was back in the state (then he was away)
This brings to beer subsection 2 of the same section 9 which states-“Members of the council shall cease to hold office on a date to be fixed by the governor within three months after the expiration of the period of three years from the date of the swearing – in of elected members of that council.”
By the provisions of this subsection, the governor has the power or is empowered by the law to extend the tenure of elected members of council by three (3) months, whatsoever.
This episode intends to drive home the fact that appointment of caretaker committee to oversee the affairs of the local government councils now in Rivers State is a complete insult on and aberration from the provisions of the law which he, Governor Amaechi assented to, and nothing could have generated or instigated the idea of using Caretaker Committee in the State base on section 9(4)(ii),except it is repealed or further amended
Sub-section 3 of section 9 say” New Local Government Council elections shall hold within three months after the expiration of the period of the three years from the date of the swearing in the incumbent elected council members”.
By implication, preparations for fresh council polls would have been on in the state by now if the government of Rt. Hon. Amaechi was ready, sincere and conscious of the rule of law which he was a product.
Sincerely, processes to hold local council elections in the state cannot begin now and have any good result within 90 days; it ought to have begun months back.
Again, section 9, subsection 4(i) stated,” the governor shall swear in the newly elected chairman and vice chairman of the local government after the completion of tenure of the serving council administration;
(ii) where an emergency or any other situation arises which makes it impossible for the holding of Local Government election within the period stipulated under this law, the governor shall upon the expiration of the tenure of the serving council administration, appoint for each local government a caretaker committee of not more than Seven persons (one of whom shall be the chairman) from that Local Government Area.
However, as stated earlier the focus of this episode is that with reference to the said law, the governor does not have any right or excuse to appoint caretaker committee for Rivers State at this safe moment, without emergency.
It is pertinent here to state that the law according to section (4)(ii) of the Rivers State Local Government Law No. 2. Of 2012 provides for caretaker committee only in situation where there is emergency or other situation
Frankly, there is no emergency situation is Rivers State to have halted the holding of elections. What would the state government consider as an emergency? Is it the struggle for supremacy between the ruling Peoples Democratic Party, (PDP) and the opposition All Progressives Congress, (APC)? Is it the issue of the chief judge which the Governor remains optimistic that there is one in the state and having no dealing with the NJC? It is absolutely not.
If a state such as KANO, could hold her local council elections few days ago in the face of its proximity to the Boko Haram troubled states, then Rivers could have done better than them.
Recently, the State Chairman of the APC, Chief (Hon) Davies Ibiamu Ikanya had confirmed that there is peace in the state when he raised alarm over an alleged plot to redeploy the State Commissioner of Police, Tunde Ogunsakin.
Parts of his statement made available to the press reads “We are reliably informed that arrangements have been concluded by the Presidency and the ruling Peoples Democratic Party (PDP) to redeploy CP Ogunsakin barely three months after his transfer to Rivers State just because he has refused to play their deadly politics since he assumed office and instead Demonstrated that he is a core Police officer. We will like to reiterate that we will resist the transfer of CP Ogunsakin through every legal means available to us. We need peace in Rivers State and the current commissioner of Police had demonstrated that he is a thorough Police officer and we are Okay with his efforts to sustain the peace in Rivers State. We don’t need another Cp Mbu an Obvious PDP member in Rivers State to take us back to the terrible route we only survived by the grace of God.”
Compatriots, not minding whether it is the Presidency or PDP that is in charge of Police deployment or not and since Joseph Mbu was hated because he was allegedly an obvious PDP member in Rivers State according the APC chairman’s Statement, could it be contemplated that CP Ogunsakin may have become an APC member in Rivers State hence the encomium on him within three mouths?
By the context of this episode, let it be noted that the APC chairman in the State does not raised alarm of insecurity or war in the State that could have excused or enhance the governor’s suspected motive to constitute Caretaker Committee other than empowering members of the Party and strengthen them against the fight ahead.
Furthermore, as claimed earlier on by the State chief executive, Rt. Hon. Chibuike Rotimi Amechi, the State is not broke and allocations from the Federation Accounts to the State have increased.
Judging from the foregoing, it is expedient to maintain that nothing would have hinder the State from holding Local Council election, since relying on the appropriate sections of the Law its worthy and welcoming, and if anything is done contrary to it, then the governor may be considered to have violated the law.
Yes, the Governor and the factional Sate Assembly are considered in some quarters as the Maradona of Legislative process when State budgets that took the same House of Assembly some months of deliberation, amendment and eventual approval, now took them just less than One (1) day to rapped up and passed the 2014 budget.
In the same way, the Only Option left for the Governor, and his pet House of Assembly is to within some few minutes amends the Section 9 (4) (ii) of the Law, if he considers caretaker committee administration to end his tenure otherwise, appointment of caretaker committee would be a total deviation from the provision of the said Law. Again, as champions in the legislative processes it behooves of the sitting and factional Amaechi House of Assembly to push the State Independent Electoral Commission to commence operations and preparations for the appointments of selected persons as chairmen of the respective Local Government Councils in the State
It is inconsequential at this point to question the non- preparation for the council poll, since it is obvious that the Governor Amaechi administration is not only been afraid of losing the polls but also doubtful of the crop of followers it has as members of the new found APC.
Before the Governor falls short of the Law it is imperative for him now to beer the shame and follow the provisions of the Law, or possibly amends the affected section in his way to suit the constitution of Caretaker Committee administration, since after now there is always the court of justice which even his opponents may hopefully be waiting for any action. A stitch in time, it is said saves nine.
PDP, APC, APGA, NPP, MDJ and whatever Party that would spring the day, it is incumbent to xray the Law made by it or already existing ones, by so doing the Political future of Nigerians and up coming generations would be safe. Handing down a better future begins now and not tomorrow. ###
With James Mgboineme
