Senate has moved to cut off statutory allocation to the local governments – here’s why

The Senate has moved to cut off statutory allocation to the local government areas whose chief executives and councilors are not elected.

The Senate set this in motion on Friday when it urged the Federal Government to cut off appointed local governments from allocations.

This resolution followed a motion by the Senate Minority Leader, Abba Moro (PDP, Benue South) titled, “Urgent need to halt the erosion of democracy: The dissolution of elected councils in Benue State.”

The senators, in their various contributions, adjusted the scope of the motion by extending the sanctions to other states in the country that had put in place unelected council executives.

They condemned the arbitrary dissolution of democratically elected officials of local governments in Benue and other states in Nigeria.

The lawmakers urged the governor of Benue State,  Hyacinth Alia, to adhere to his oath of office by obeying the rule of law and defend the Constitution.

They also sought the review of the governor’s dissolution of the elected councils and constitution of caretaker committees.

They advised  Alia to reinstate the elected council executives forthwith.

Moro had in his motion noted that placing caretaker committees to replace elected council officials was an aberration and alien to the 1999 Constitution.

He said, “Section (1) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) guarantees a system of local government by democratically elected councils.”

He argued that the Constitutional responsibility of every state was to ensure the existence of local government councils by law. 

Moro, however, said he was aware that there were subsisting court rulings that had restrained the governor, the House of Assembly, their agents, and privies from tampering with the tenure of the elected council officials.

He added, “The Senate is aware that neither the governor nor the Government of Benue State has appealed the judgments and it is against the grain of the rule of law.”

In his contribution,  Senator Adams Oshiomhole,  (APC, Edo  North), said the Supreme Court had pronounced that state governors do not have power to dissolve elected local government officials.

He said that he resisted pressure to dissolve elected officials of the local government when he was a governor.

He, however, said no fewer than 16 state governors in Nigeria are currently running the councils with caretaker committees.

In his contribution,  the Chief Whip of the Senate, Senator Ali Ndume, (APC, Borno South) described as a misnomer, a situation whereby 16 states in the country run their local governments through the caretaker system.

He emphasised that the best the Senate could do was to prevail on the Ministry of Finance, using its oversight powers  to stop the release of funds to local government areas operating caretaker committee

He urged the Senate to prevail on the Minister of Finance not to release fund to any unelected local government officials.

Senator Abdulfatai Buhari (Oyo North) said, “the Electoral Act should be amended to empower the Independent National Electoral Commission to conduct local government elections.”

Buhari’s suggestion was, however, amended by the Senate President, Godswill Akpabio, who presided over the plenary.

Akpabio frowned at the establishment of multiple federal agencies but advocated the creation of the National Electoral Commission for Local Government so that governors would no longer have overlapping influence on council polls.