THE Coalition of United Political Parties (CUPP), the Middle Belt Forum (MBF), the New Nigeria Peoples Party (NNPP) and the African Democratic Congress (ADC), among others have raised concern over the bill before the Senate seeking the establishment of local government Commission (SIEC), warning that it grossly violates the principle of federalism.
In separate conversations with the Nigerian Tribune, on the bill which was read for the first time in the Senate last Thursday, they said such legislation would further confer awesome power on the centre at the expense of the other federating units.
Titled: “Local Government Independent Electoral Commission (Establishment) Bill, 2024,” the bill is sponsored by Senator Sani Musa (APC, Niger East) and seeks the establishment of the National Independent Local Government Election Commission (NILGEC), with the mandate to organise, oversee and conduct elections for the offices of local government chairmen and councilors in all the 36 states and the Federal Capital Territory (FCT).
According to the bill, the functions and powers of NILGEC will include to: conduct free, fair, and transparent elections for Local Government Chairman and Councillors; ensure voter education and public awareness regarding the electoral process; prepare and maintain an accurate and up-to-date voter register.
It will also set and enforce electoral guidelines and regulations for Local Government elections; monitor and supervise all electoral activities and processes; recruit and train electoral officers and staff for efficient election management, as well as investigate and adjudicate electoral disputes and grievances.
The bill provides that NILGEC shall have a chairperson and six commissioners, and they will be appointed by the president and confirmed by the Senate. Both the chairperson and the commissioners shall serve for five years, and their tenure can be renewed once.
Expressing its reservations on the bill, the CUPP warned that such proposed legislation portends danger to the constitutional federalism that the country currently operates.
CUPP spokesperson, Mark Adebayo said that though the bill, on the face value, is germane to the whole idea of removing local government from the stranglehold of the state governors, to make council elections a Federal Government affair absolutely negated the ideals of federalism.
Adebayo cautioned that the country “may be unwittingly solving a problem with a bigger problem,” just as he warned that the move would allow the Federal Government to have a domineering authority over local government areas with a view to determining who becomes what at that level of government during elections.
“On the face value, this bill is germane to the whole idea of local government autonomy from the totalitarian grips of the state governors. However, it portends a fundamental erosion of the principles of constitutional federalism that we currently operate.
“We may be unwittingly solving a problem with a bigger problem. Politics is local, as they say. Therefore, local government affairs should not be taken to be the purview of central government responsibilities. The federal government would be given undue advantage over local politics.
“The disadvantages of such a bill outweigh its advantages. For a single body to conduct elections into 774 LGAs is more than unwieldy and will create monumental logistics nightmares and gargantuan electoral failures,” he said.
Similarly, the New Nigeria Peoples Party (NNPP) called for caution over the proposed law in order not to compound the power disequilibrium in the existing federal arrangement in the country.
The party, through its national publicity Secretary and legal practitioner, Ladipo Johnson, underscored the need for proper and thorough consultations on the proposed bill to avert dire consequences.
“It will indeed be against the current arrangement on federating relationship. It would be that the Federal Government, which I presume, will want to appoint the local government electoral commission members might seize control. A lot of people have looked at it together with the fact that money will be going directly to local government account now which, I must add, is proper based on the Supreme Court judgement.
“A lot people have also looked at it and commented that the Federal Government would be in total control of the 774 local government areas. So, I think the bill needs to be looked at more thoroughly and we must be more circumspect in what we are doing; more people have to be consulted about it,” he warned.
In the same vein, the national chairman of the African Democratic Congress (ADC), Dr Ralph Okey-Nwosu expressed doubts the centre could be trusted with such power over LG elections given its antecedents of a gross abuse of powers.
“In China even some villages have great developmental plans. In America and other European countries, there are states, cities, counties, towns and villages government structures still in place. A system that tries to dislodge all its traditional governance structures is antithetical to development and progress.
“The abuse of the federal arrangement in the country is worse than what happens at the centre. The governors by their octopusal strangulation of the grassroots structures distort the harmony, decency, development and peace that are inherent in the three-tier federal system and multiple other traditional structures in place.
“So, the Supreme Court verdict must be appreciated. The proposal for distinct central local government electoral commission, if well thought out, will certainly help us create local government system that is viable.
Bill ploy by FG to undermine states— PDP stalwart
A chieftain of Peoples Democratic Party (PDP) and former governorship candidate in Lagos State, Dr. Adetokunbo Pearse, said the bill is an assault on democracy.
He claimed that it is a ploy by the federal government to undermine the power of state governors, and enshrine itself as the benefactor of council areas in states across the country.
He said that giving the provisions of the bill, which allows the president to appoint the commission’s chairman, as well as its six commissioners, with funding of the body to be done by the centre, it is evident that the LG commission will be totally dependent on the Federal Government just “like our embattled Independent National Electoral Commission (INEC).”
He added: “The Local Government Commission bill is a rape of democracy. This bill is a ruse by the federal government to undermine the power of state governors and enshrine itself as the benefactor of local government areas in the country.
“The NILGEC bill is designed to bring all the 774 local government areas under the control of the federal government thus nullifying the democratic sharing of powers between the federal government and the state governments.
Bill will perfect LG autonomy—MBF
On his part, the national president of the Middle Belt Forum (MBF), Dr Bitrus Pogu, said the bill, if passed into law, will fully perfect local government autonomy.
Pogu, who commended the National Assembly for the bill, said it was a right step in the right direction, considering the yearning of Nigerians for development at the grassroots.
“Having won the first battle in court on stopping the joint account, this is the next crucial hurdle. If the National Assembly passes this bill and amends the constitution, it will solve the problems of underdevelopment at the local government level.
“The local government will have autonomy, more serious people will contest for elections, and there will be development at the grassroots level.”
“It is a welcome development, and we pray that the National Assembly passes it through. We are praying that the state assembly concur since we need 2/3 for it to finally scale through.”
He noted that the granting of financial autonomy to the LG is a big win for grassroots democracy, adding that the National Independent Local Government Election Commission (INEC), if the bill becomes law, will check electoral fraud being perpetuated allegedly by state governors, alongside the existing state electoral commission.
“If state electoral commissions are allowed to conduct local government elections, then the work done is zero. That is why the bill before the Senate is crucial. It is no secret that elections don’t take place at the local government level but are a selection process.
“The issue of federalism won’t pose any problem to the bill before the Senate. Before the presidential system in 1963, we were dealing with regions, and the regions then were the federating units. I believe the National Assembly will find a way, whether through the doctrine of necessity or amendment, to allow this tier of government to survive.
On whether the NILGEC will be able to conduct a uniform election in all the 774 council areas, Pogu said if the INEC could conduct simultaneous elections in the country, the NILGEC should be able to do the same.
“The local government was created in a lopsided manner; this won’t be a problem. The electoral body will find a uniform time, and tenure can be adjusted to four years, just like the state and federal elections. I know the National Assembly has envisaged this kind of challenge and would definitely take care of it along with others.
‘This will be independent of the governor, and I believe the State Assembly will garner the courage to do the needful. This is not impossible; the power of the president is enormous,” he said.
Also, the chairman of the Senate Committee on Employment, Labour, and Productivity, Senator Diket Plang, said the bill is meant to ensure good leadership at the local government level and to bring desirable development to the people at the grassroots.
According to him, the judgment of the Supreme Court on local government autonomy was received by Nigerians with much enthusiasm, adding that governors, whom many perceived would be against the autonomy of the third tier, applauded the judgment.
“This simply means that Nigerians are yearning for change at the local government level, and the senate is equally in tandem with this reality. The decision for the separation of power is good for the country, and I want to appeal that the three tiers of government give support to the amendment of the constitution that might follow.”
LP backs bill
Meanwhile, the Labour Party (LP) has declared its support for the bill due to the inadequacies of the existing state electoral commission that conduct local council polls.
Contacted by the Nigerian Tribune on the bill, the national publicity secretary of LP, Mr Obiora Iloh declared: “The essence of legislation is to see how positive it impacts of the people and where the legislation is negatively affecting the people, then there will be need to take a second look at the legislation.
“The state electoral commission, which is empowered to conduct elections at the local government levels has failed in its responsibilities, the commission has become a danger to democracy and as such must be scrapped. The members of the commission are appointed by the state executive and they simply carry out the bidding of their employers.
“If the essence of the commission is to deepen democracy and ensure community participation, to ensure that the people decide their leaders, to ensure accountability and Transparency at the localities, then the SIEC has failed.
“Once the Kaduna State government allowed INEC to conduct the council election, we saw parties, other than the party in government winning elections. In FCT where INEC conducts election, we also see many parties winning but in the states, only the parties in government win.
“Labour Party supports any legislation that can deepen democracy including a neutral body that can engender true democracy at the localities.”
Govs will still circumvent it —Akinlaja
Zenith Labour Party (ZLP) chieftain, Honourable Joseph Akinlaja, said the fear for the success of the bill, if it becomes law, remains the governors and other political forces would implement it with honesty.
Akinlaja, a former labour leader, who represented Ondo-East/West constituency at the House of Representatives up to 2019, told the Nigerian Tribune that the problem with the country is the insincerity of implementing policies or new ideas, no matter how good.
“Unless we decide to work according to the rules without caring about whose ox is gored, there is no good system that you put in place that is allowed to work in Nigeria”, he said.
Akinlaja stressed that much as he was not against the country having a new independent body to conduct council polls, he wasn’t sure that there would be the “purity of mind” to allow the commission to work.
He also expressed doubts that governors would allow the LGs to enjoy their new financial autonomy, courtesy of the recent judgment of the Supreme Court.
Akinlaja spoke further, ”So, the problem is with us human beings. At a point, I came to the conclusion in my mind and I proposed it, but it did not fly; that we should have only two tiers of government -the Federal and the State. Thereafter the states can go and create the number of local governments that their capacity can carry.
“Even this one that we have succeeded through the Supreme Court in getting autonomy for the local governments, the governors will still decide who becomes a chairman or a councillor.
“That is how it is! The implementation has always been our problem.”
Akinlaja recalled how INEC promised electronic uploading of results during the last general election and was applauded, only for the commission to come up with the excuse of “glitch” when it mattered most.
He noted, “There is no problem in trying different options, but what is required is the purity of our minds. There is no system that you put in place that we Nigerians do not try to circumvent.
“Look at the turnout of the last general elections for instance, there was no glitch in INEC’s system in the National Assembly results, but once it came to that of the presidential election, which was conducted on the same day, there was a glitch.”
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