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Floor of the Senate
Worried by the indiscriminate sacking of democratically elected Local Government Councils in Nigeria by State Governors, and the setting up of unconstitutional caretaker Committees, the Senate, on Friday, urged the Federal Government to withhold statutory allocations to such unlawful establishments.
The apex legislative Assembly also condemned the arbitrary dissolution of democratically elected local government councils in Benue State and other States of the Federation.
It also urged the Governor of Benue State, Mr. Hyacinth Alia, to adhere to his oath of office to obey the rule of law and defend the Constitution of the Federal Republic of Nigeria.
Moreover, the Red Chamber urged the Benue State Governor to review his dissolution of the elected councils and constitution of caretaker Committees and reinstate the elected councils.
The Senate passed these resolutions following its consideration and approval of a motion titled, “urgent need to halt the erosion of democracy: the dissolution of elected Councils in Benue State,” sponsored by Senator Abba Moro, representing Benue South Senatorial District on the platform of the Peoples Democratic Party (PDP).
Presenting his motion on the floor of the Senate during plenary, Moro noted with dismay the dissolution of democratically elected councils in Benue State by Governor Alia.
He pointed out that placing caretaker Committees to replace elected Councils is an aberration and alien to the 1999 Constitution of the Federal Republic of Nigeria (as amended).
The lawmaker drew the attention of his colleagues to the effect that Section (1) of the 1999 Constitution of the Federal Republic of Nigeria (as amended), guarantees a system of local government by democratically elected Councils.
Moro observed further that it is the constitutional responsibility of every State to ensure the existence of Local Government Councils by law.
He also brought to the attention of the Chamber that there are subsisting court rulings directing the Governor of Benue State, the House of Assembly, their agents, privies and others involved, not to tamper with the tenure of the elected Councils.
According to the Senator, the Governor/ Government of Benue State has not appealed these judgments, and it is against the grain of the rule of law, for him to continue to operate a caretaker system in the State.
Contributing, Senator Adams Oshiomhole, (APC, Edo North), observed with dismay that
about 17 States in Nigeria are currently without democratically elected council officials, stressing that, according to Supreme Court judgement, State Governors do not have the power to dissolve local government councils.
Oshiomhole urged the Senate to direct the Finance Minister to stop funding local government councils without elected council officials, calling on his apex Assembly to rise up and resist the dictatorial tendencies of the State Governors against local governments.
Also speaking in favour of the motion, Senator Abdulfatai Buhari (APC, Oyo North), suggested that the Electoral Act should be amended to empower the Independent National Electoral Commission (INEC), to conduct local government elections instead of leaving the exercise in the hands of State Governors.
Also, in his contribution, the Senate Chief Whip, Senator Ali Ndume, advised the Senate to take the matter up with the court, arguing that resolutions of Parliament are mere advisory inputs that do not carry the force of law.
Ndume pointed out that most of the former governors, who are now members of the Senate were also guilty of dissolving democratically elected local government councils and setting up illegal caretaker Committees, stressing that there is no provision for caretaker committees in the Constitution of the country.
Shortly before subjecting the prayers to the motion to voice vote, the President of the Senate, Godswill Akpabio, regretted that the Governor of Benue, who violated the Constitution by sacking the local government councils is a member of the ruling All Progressives Congress (APC).
He said that he was against the establishment of multiple federal agencies, but that the present circumstance had compelled him to advocate for the creation of the National Electoral Commission for Local Government so that Governors would no longer have overbearing influence on council elections. (New Telegraph)