Following the Supreme Court judgment that granted financial independence to local government areas in the country, uncertainty seems to have surrounded the fate of local government Caretaker Committee in the 18 local government areas and Local Council Development Areas (LCDAs) in Ondo state.
Though, the state governor, Lucky Aiyedatiwa, on Wednesday constituted Transition Committees for the 18 local government areas and 33 LCDAs in the state, saying the moves became necessary following the failure of Ondo State Independent Electoral Commission (ODIEC), to conduct the local government elections after a series of postponement.
According to the governor, who said the transition committees are to oversee the affairs of the LGs and LCDAs in the State until the local government election is held by the electoral body, said the appointment takes immediate effect.
But in the landmark judgment, delivered some 24 hours after the appointment of the Transition Committee, the apex court granted local governments both administrative and fiscal autonomies, declaring that they can only be governed by democratically elected councils.
.The development, however, has left members of the Committee and officials and workers of the local government at crossroads as the judgment emphasised that it takes immediate effect.
Condemning the constitution of the Transition Committee, the opposition party in the state, Peoples Democratic Party (PDP) described Aiyedatiwa’s action as a flagrant disrespect to an earlier judgment by an Ondo State High Court.
Speaking, the PDP Publicity Secretary, Kennedy Peretei, said “It is the height of lawlessness and impunity for Aiyedatiwa to appoint Committees for LCDAs that are non-existent in the eyes of the law.
“The PDP in Ondo State Chapter wishes to advise the Governor to respect the laws of the land and stop embarrassing the people of the state with his actions that make us laughing stock in the comity of civilised people”
Peretei also faulted the Attorney General and Commissioner for Justice in the state, Kayode Ajulo, for ill-advising Aiyedatiwa for the constitution of the Transition Committee, particularly the LCDAs which is no longer in the eye of the law.
He called for the immediate resignation of Ajulo, for violating his Oath of office, for saying the governor has the Constitutional right to put the committee in place without citing any portion of the Constitution where he derived such powers from.
He said “If a Senior Advocate of Nigeria, who is expected to know the laws of our land is the person urging Hon Lucky Aiyedatiwa to trample on our Constitution and Supreme Court pronouncement, then, he no longer deserves to serve as the Chief Law Officer of the State.
“In a landmark judgment on Thursday, 11th July 2024, a seven-man panel of the Supreme Court of Nigeria declared that democratically elected Local Government was sacrosanct and non-negotiable.
“Justice Emmanuel Agim who delivered the judgment, said, ” State governments are perpetuating a dangerous trend by refusing to allow democratically elected Local Government Councils to function, instead appointing their loyalists who can only be removed by them”.
He, however, said “It is very unfortunate that Ajulo tried in vain to legitimise the illegality of his Governor the same day the Supreme Court made the declaration.
“The apex Court in Nigeria has spoken and the Attorney General is saying something different. Which Constitution was Ajulo referring to as authority for appointing the Transition Committees? You cannot put something on anything and expect it to stand.
“Our party wishes to advise those appointed into these offices not to allow themselves to be used. Because every kobo they spend in these phantom offices will be legally recovered from them. Since Kayode Ajulo, is incapable of advising the Governor according to law, he is advised to resign immediately”
Similarly, the Labour Party in the state also kicked against the appointing of new caretaker chairmen and transition committee for the 18 local governments across the state as well as the newly created 33 LCDAs which were already scrapped by a court judgment.
In a statement by the party, its Chairman Hon. Abiodun Agbaje, who hailed the Supreme Court judgment, described the judgment of the Supreme Court granting financial autonomy to the local government as a welcome development to Nigeria’s democracy.
Agbaje said truth has finally prevailed and that soonest when Labour Party takes on power in the country, policies and projects that will always put the people first will be the hallmark of governance.
He said “Ondo Labour Party also vehemently rejected the action of the Ondo State Government for appointing new caretaker chairmen and transition committee for the 18 local governments across the state as well as the newly created 33 LCDAs which were already scrapped by a court judgement”
However, a political leader in the state and former Chairman of a local government who spoke with Nigerian Tribune on condition of anonymity, said “The resumption of the transition committee despite the Supreme Court judgment is an affront to the rule of law and even the President Bola Tinubu that filed the suit in local government autonomy.
“The people of the state at the grassroots level will definitely suffer for this because in line with the judgement of the Supreme Court, Ondo state will not collect a dime from what accrues to local government areas in the state until elected local government executive are put in place through democratic means”
But the Commissioner for Local Government and Chieftaincy affairs in the state, Mr. Amidu Takuro, argued that the local government election cannot hold immediately in the state and the transition committee was put in place to run the affairs of the local government and LCDAs.
He said there is no need for formal inauguration of the transition committee put in place by the state governor since the announcement stated that the appointment takes immediate effect.
He said ‘ no fewer than 21 states are affected and this is not peculiar to Ondo state alone. The governors will be meeting in Abuja during the week and there is still room for negotiations and there’s no need for rush.
“Judgement does not take immediate effect, even at that we cannot conduct local government election immediately, there are procedures for election so we will study the judgment.
“Again, the Federal Government will not want to punish the local government workers by withholding their salaries or getting their allocation to them, though we have no option than to concur with the judgment, but it cannot be immediately.
