As the Sokoto State House of Assembly holds public hearing on the State Emirate Council Bull, the Sultanate Council has expressed readiness to work and support the Sokoto government as well as operate with any law made by the state government for the Sultanate Council.
Representative of the council at the public hearing on the Bill for a law to further amend the Sokoto state local government law 2008, Dr Muhammad Jabbi Kilgori, stated this at the public hearing.
He said even the council even before now, the council always consult with the state government before making any appointment whatsoever.
Speaking while addressing the public at the mini chamber of state house of assembly, the state commissioner of Justice, Barrister Nasir Muhammad Binji, explained that the former law which was presented to the state house of assembly for amendment was inconsistent with Nigeria’s constitution.
He noted that in Nigeria’s constitution, the power only lies with the three arms of government, the Executive, Legislature, and Judiciary not institution, stressing the power to appoint is solely vested on the executive arms of government.
He further clarified that the Sultanate Council still retains the power to recommend the village and district heads for appointment subject to Governor’s approval.
Binji explained that the proposed amended law is not political nor a means to strip Sultanate Council of its power.
Other sections of the law to be amended according to Binji are sections to extend the tenure of elected local government Chairmen from 2 years to 3 years.
Also in section 76 subsection h of the law, the commissioner said the phrase the Governor has ‘absolute’ power to appoint the caretaker committee Chairmen of the local government.
He said section 76(2) of the law is inconsistent with section 5(2) of the 1999 Constitution as amended.
“Section 5(2) of the constitution stipulates that the executive power to appoint in the state is vested on the Governor directly or through his deputy, commissioners, or any government agent assigned by the Governor.
“So, there is no power given to the sultanate council to appoint. Section 76(2) of the Sokoto Local Government and Chieftaincy Law gives the sultanate council the power to appoint district and village heads in the state but with the approval of the sitting Governor.
“So the section is inconsistent with the 1999 constitution as amended and therefore it cannot stand. Because the power to appoint is the executive power and who exercises the power, is it not the Governor? This is the reason for the amendment. To correct the mistake of the past,” he said.
He further explained that the word “absolute” would be removed from the clause as the word is ambiguous.
In his contribution, the commissioner for local government and religious affairs in the state, Ibrahim Dadi Adare, said the amendment of the law is a good step in the right direction.
He added that “if the law is been amended the village and district heads will get their allowance as at when due and the ministry is in support of the amendment”
On his part, the Chairperson of the coalition of civil society organizations (CSOs) in the state, Bello Gwadabawa said if the amendment is for good governance, the organization is in support of it.
In its submission, Sokoto DNA a non-governmental organization, said it is against the amendment of sections 75 and 76 which strip Sultanate Council power of appointing village or district heads.
The leader of the group and former member house of representatives representing Dange/Shuni/ Tureta and Bodinga federal constituency Dr Balarabe Kakale explained that the amendment will whittle down the power of Sultanate Council.
He said,” I want to enjoin the House of Assembly to tread caution in amending the law, now that federal government is trying to assign more roles to traditional rulers for good governance, my state is trying to reduce the power of traditional rulers in the democratic process.
” First in history of Nigeria that a president would appoint special adviser on traditional rulers, also in history that the national assembly constitutes standing committee on traditional rulers”.
Dr Kakale explained that the organization has proposed the presentation of a bill for compulsory teaching of the history of Sokoto caliphate at primary, secondary, and tertiary levels.
