Appointment of Local Council Caretakers: A Constitutional Aberration

Local Government Councils are a creation of the Constitution of the Federal Republic of Nigeria. The essence of the Constitution’s supremacy has been succinctly stated in Section 1 Constitution of the Federal Republic of Nigeria (CFRN) 1999 (3rd Alteration) as follows: “the Constitution is supreme and its provision shall have a binding force on the authorities and persons throughout the Federal Republic of Nigeria”. The purport of this section is clearly understood and has received judicial pronouncement by Nikki Tobi JSC in the case of CHIEF OLAFISOYE v FEDERAL REPUBLIC OF NIGERIA (2004) 4 NWL R (Pt. 864) 580 where he stated: “As our country is sovereign, so too our Constitution and this court (Supreme court) will always bow or kowtow to the sovereign nature of our Constitution, a sovereignty which gives rise to its supremacy over all laws of the land, including decisions by foreign courts”. It is therefore clear that the courts are ready to protect the sanctity of the Constitution and would not allow any individual or authority to subjugate the position of the Constitution either by actions or other enactments.

The Constitution as the grundnorm provides for the effective and efficient administration of the country; especially as to continued governance and change of administration. Section 1 (2) CFRN 1999 (3rd alteration) states clearly: “the Federal Republic of Nigeria shall not be governed nor shall any persons or group of persons take control of the government of Nigeria or any part thereof, except in accordance with the provisions of this Constitution.” The whole essence of this section is definitely to ensure that the arms of government especially the executive arm which is always susceptible to military intervention is properly administered by the dictates of the Constitution. The Constitution further went ahead to clearly create the various levels of government in Nigeria, as well as creating the procedures for occupying those sacred offices. Section 130 (1) & (2) CFRN 1999 (3rd Alteration) states: “There shall be for the Federation a President. The President shall be the Head of State, the Chief Executive of the Federation and Commander-in-Chief of the Armed Forces of the Federation.” Section 132 CFRN 1999 further states that: “An election to the office of President shall be held on a date to be appointed by the Independent National Electoral Commission.” The combined effect of the two provisions of the Constitution would literally mean that Nigeria is to be governed by a President and such office can only be occupied after the conduct of elections by the electoral umpire, INEC. Section 176 CFRN 1999 (3rd Alteration) also creates the office of the governor, stating in Section 178, that there must be an election into the office. There however seems to be a vacuum thereafter as the Constitution suddenly became silent on the local government councils. However, a recourse to Section 8 CFRN 1999 (3rd Alteration) would be seen to have taken care of the vacuum. Section 8 states: The system of local government by democratically elected local government councils is under this Constitution guaranteed…” The Constitution further went to create an independent electoral umpire for the council elections to be known as State Independent Electoral Commission (SIEC). Section 4, Part II 3rd Schedule CFRN 1999 (3rd Alteration) succinctly describes the functions of SIEC as follows “the Commission shall have power (a) to organise, undertake and supervise all elections to local government councils within the State.” A combined reading of Section 8 CFRN 1999 (3rd Alteration) and Section 4 Part II 3rd Schedule CFRN 1999 (3rd Alteration) can be seen to have clearly created the Local Government Councils as well as ensuring that it is administered by an electoral process. It further states the body to administer the electoral process as well as the composition of the body. The Constitution has definitely not left a vacuum for the administration of the local government councils in Nigeria.

Having therefore established the autonomy of the Local Government Council as an independent level of government; the structure upon which it is to be run must as of necessity be properly