Nigeria as a country is practicing democracy and the constitution of the federal republic of Nigeria section 7(1) of 1999 as amended states as follows:
“The system of Local government by democratically elected local government council is under this constitution guaranteed; and accordingly, the government of every state shall subject to section 8 of this constitution, ensure their existence under a law which provides for the establishment, structure, composition, finance and functions of such councils”.
On the strength of the above stated section of the constitution of the federal republic of Nigeria, the constitution has guaranteed a system of local government by democratically elected local government council and it is enjoined on the government of every state to ensure their existence. Imo state is not exempted. By the same constitutional provision, caretaker committees introduced and appointed to head Local government councils by state Governors is unconstitutional.
The Imo state local government law number 15 of 2000 as amended which enables Imo state Governor Ihedioha to suspend democratically elected local government council officials and appoint a caretaker committee by a resolution of the state House of assembly is in breach of section 7(1) of the 1999 constitution of the federal republic of Nigeria as amended, thereby is a nullity as Justice Clara Bata Ogunbiyi; Justice of the supreme court of Nigeria declared in the case between elected local government council chairmen vs Ekiti state government in December 2019.
It is pertinent to restate that section 1(1) of the constitution of the federal republic of Nigeria, 1999 as amended emphasizes the supremacy of the constitution wherein it state:
“This constitution is supreme, and its provisions shall have binding force on all authorities and persons throughout the federal republic of Nigeria”.
One wonders why the governor of Imo state; Chief Emeka Ihedioha who has served for 12 years as a federal lawmaker and after taking oath to defend and protect the constitution of Nigeria, goes ahead to take actions which are contrary to the same constitution he swore to protect and defend.
The supreme court in a judgement concerning local government council chairmen and Governors have ruled that no State Governor or house of assembly has the powers to sack or suspend democratically elected local government council chairmen, vice chairmen or councillors.
In Imo state, Chief Emeka Ihedioha issued an order suspending democratically elected local government council chairmen, vice chairmen and councillors in the 27 local government council areas for six months at the same time just because they are of the All Progressives Congress (APC) and appointed interim management committees which are unknown to the constitution of the federal republic of Nigeria.
The supposed six months suspension of the Imo LGA officials elapsed in December 2019 and today these democratically elected local government council officials returning back to their offices following the appeal court judgement gotten in favour of the elected local government council chairmen on Imo state against the Governor and house of assembly with another supreme court judgement on the same matter alike in Ekiti state, the Imo state Governor is said to have mobilized thugs with various degrees of weapons to fight the constitutionally recognized local government council officials.
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Chief Emeka Ihedioha must remember that his gubernatorial election matter is still before the supreme court waiting for judgement… Why disobey the supreme court judgement on local government autonomy?
Report has it that the local government council chairmen in Imo state officially wrote (with attached copies of the appeal and supreme court judgements) to the Inspector General of Police, Director of state security service, the Imo state Governor, APC national Chairman and other relevant authorities about their readiness to go back to office today 6th January, 2020.
THISDAY