From Tony Osauzo, Benin

The action of the Governor of Edo State, Mr Godwin Obaseki, in appointing Caretaker Committees/Liaison Officers to run the affairs of the 18 Local Government Councils in the state has been described as illegal and unconstitutional.

Addressing journalists in Benin City, Dr Washington Osifo, spokesman of the 14 Edo State House of Assembly members yet to be inaugurated, said having regards to the clear and unambiguous provisions of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and the subsisting judgment of the Supreme Court, it is abundantly clear that the Governor’s action which foisted these nominees as the epitome of administration in these councils is patently unconstitutional and illegal.

He explained that section 7(1) of the 1999 Constitution (as amended), provides that “The system of local government by democratically elected local government councils is under this constitution guaranteed; 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.

“Additionally, Section 1 (2) of the extant constitution provides as follows:
The Federal Republic of Nigeria shall not be governed nor shall any person or group of persons take control of the government of Nigeria or any part thereof except in accordance with the provisions of this constitution.

“Reasoning from the above, caretaker committees are an aberration to the extant constitution. Caretaker committees offend Section 1 (2) of the extant constitution, wherein state governors take control of local government councils, by appointing chairmen for the local government council without regard to constitutional provisions”, Osifo pointed out.

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Besides, Osifo, a former Commissioner for Education in Edo State, stated that Section 1 (3) of the extant constitution provides that: “If any other law is inconsistent with the provisions of this constitution, this constitution shall prevail, and that other laws shall to the extent of the inconsistency be void.

Any law made by any state house of assembly in Nigeria that gives power to caretaker committees to administer local government councils is voided because the law is inconsistent with the provisions of the extant constitution, and the constitution shall prevail”.

Dr Osifo who cited several Supreme Court decisions against the appointment of Caretaker Committees to administer Local Government Councils recalled that elected Chairmen and Councilors of the 18 (eighteen) Local Government Councils in Edo State completed their tenure in office since 2020.

He said since then, Governor Obaseki has refused/neglected to conduct an election to elect other officials for these councils.

“Rather, he proceeded, first by handing over the control and management of these councils to civil servants, tagged Head of Local Government Administration (HOLGA), and they held rein in office for almost a year and a half. Thereafter, there was the series of scheduling/postponement of elections till recently when the Governor purportedly sent some names of persons to group acolytes he unabashedly refers to as ‘House of Assembly’, parading such persons as “liaison officers” to administer these local government councils. Again, this is an act of illegality that must not be allowed to stand,” Dr Osifo stated.

He, therefore, called on all citizens of Edo state to work together to prevent further encroachment of dictatorial politics into the high-level of freedom and democratic culture inherited by the Governor, adding that Edo people are tired of making national news headlines for the wrong reasons.