APPOINTMENT OF LOCAL COUNCIL CARETAKERS: A CONSTITUTIONAL ABERRATION

defined. Section 7 CFRN 1999 (3rd Alteration) has entrusted into the hands of the State Government that responsibility; “… the Government of every State shall, subject to section 8 of this Constitution, ensure their (Local Government Council) existence under a Law which provides for the establishment, structure, composition, finance and functions of such councils.” Once that power has been properly exercised, the government of the state has no responsibility of intermeddling with the affairs of the local government council. It should immediately hands off and allow the council conduct its activities in accordance with the various provisions of the Constitution. Fortunately, most state governments have put into place a system that mimics the presidential system of government in the Local Government Areas; a system whereby there is the Office of the Executive Chairman, who exercises the executive powers of the Local Government Council and also the Legislative Council comprising of different ward members exercising the legislative powers of the Local Government Area. This is definitely in line with the provisions of the Constitution of the Federal Republic of Nigeria.

However, having obeyed the provision of the Constitution in Section 7 CFRN 1999 (3rd Alteration) in establishing the structures for the administration of the Local Government Areas, the State Governors have willfully circumvented the Constitution by installation of Caretaker Chairmen pending the conduct of local government elections which in many cases are never conducted. This definitely is an aberration of the Constitution and gross misconduct by the State Governors. The governors having sworn an oath to protect the Constitution have put themselves in the position of custodians of same; this oath must therefore be kept religiously without any deviation. The appointment of a caretaker chairmen is a direct violation of Section 1 (2) & 8 CFRN 1999 (3rd alteration), as such an official has not been elected by the prescribed procedure of the Constitution. The Constitution as the grundnorm is therefore being breached by the custodians saddled with the responsibility to protect it.

The Constitution in ensuring its personal sacredness has declared any act of violation as gross misconduct; the interpretation section under Part I Fifth Schedule Paragraph 19 CFRN 1999 (3rd alteration) clearly defines gross misconduct as: “misconduct means breach of the Oath of Allegiance or oath of office of a member or breach of the provisions of this Constitution or a misconduct of such nature as amounts to bribery or corruption or false declaration of assets and liabilities.” The Constitution has further gone ahead to declare severe punishment for any public official who commits such Constitutional breach. It clearly provides that in instances where such Constitutional breach is committed by the President, Vice-President, Governors, Deputy Governors; they become liable to impeachment. Section 143 CFRN 1999 (3rd alteration) declares as follows: “(1) The President or Vice-President may be removed from office in accordance with the provisions of this section. (2) Whenever a notice of any allegation in writing signed by not less than one-third of the members of the National Assembly: (a) is presented to the President of the Senate; (b) stating that the holder of the office of President or Vice-President is guilty of gross misconduct in the performance of the functions of his office…” Also, Section 188 CFRN 1999 (3rd alteration) declares as follows: “(1) The Governor or Deputy Governor of a state may Removal of Governor be removed from office in accordance with the provisions or Deputy Governor of this section from office. (2) Whenever a notice of any allegation in writing signed by not less than one-third of the members of the House of Assembly (b) stating that the holder of such office is guilty of gross misconduct in the performance of the functions of his office…” It is therefore clear from the foregoing provisions and combined interpretation of the various provisions that the installation of caretaker chairmen is a gross violation of the Constitution for which erring governors that continue to luxuriate in such illegality need to be impeached forthwith.

Oluwatobi is a Lagos based Lawyer.