By: DR ISAIAH OSIFOH
Political power, Influence and Authority are tools of government and it is criminal to deliberately apply any to subvert the provisions of the Constitution and the Laws of the State/ Country.
Sections 68(g) and 109(g) of the Nigeria Constitution are unambiguous in stating that a member of the National assembly,or the House of Assembly of a State will vacate his/ her seat in the parliament in the event of defection to another political party from the political party that sponsored the candidate for the election.The members of Edo State House Assembly that joined the APC from the political parties that sponsored their elections are only relying on the criminal application of political power, Influence and Authority of the ruling APC ,not on the Constitution of Nigeria.If we have an independent Judiciary in Nigeria, this is not difficult for any Judge to interpret.
I hear the talks with the Edo State Local Government Councillors elected on the platform of PDP to join the ruling APC.Iam writing this piece to warn and to advise the Councillors to reject such idea.To defect into the APC from the PDP that sponsored the Councillors into the Legislative Arm of the Local Government will amount to a deliberate violation of the provisions of the Constitution of Nigeria.There are two implications to such an act:
1.It is criminal.Elected political office holders have responsibility to their Constituents to be subservient to the Constitution and to the laws of the State.A crime against the State may be rationalized by the ruling political party. In the long term,the immoral content of a criminal act can be legally destructive,or morally vandalize the personality.
2.It is a trap set by the APC for the PDP Councillors in order to legalize the unconstitutional suspension of elected Chairmen and Vice Chairmen.The Councillors should note that the decision to defect into the APC from the PDP that sponsored the Councillors will give the ruling APC a lawful platform to ask the Councillors to vacate their seats.On this basis, Edo State Independent Electoral Commission,( EDSIEC) will be acting under the Constitution and the laws of Edo State to conduct a bye election to fill the vacant seats in the respective Local Government Councils.
Edo State Local Government Councillors be warned and I am advising you to stay with the Constitution and the laws of Edo State for the Autonomy of Local Governments in Edo State/ Nigeria.It will be a sad development and a shame for Councillors to rely on criminal application of political power, influence and authority of the ruling APC to violate the Constitution of Nigeria instead of standing to defend the Autonomy of Local Governments in Nigeria.
For over 25 years I have been consistent and I have been fighting for the Autonomy of Local Governments in Nigeria.By my training and political experience,I know that Autonomy of Local Governments in Nigeria will rapidly enhance grassroot and national development.Autonomy of Local Governments is anchored on the development of Local Governments parliament and giving Councillors more political power to exercise oversight function over the activities of the Executive Arm of the Local Government.Autonomy of the Local Government is a win for the Councillors.I expected the Councillors to stand with Nigerians to defend the Autonomy of Local Governments, and not to sell their Constitutional right to greedy politicians that are only interested to steal the resources of the Local Government.
The Constitution of Nigeria and the Judgment of the Supreme Court on Local Government Autonomy, July 11,2024 clearly have stated that neither the governor nor the State House of Assembly has the right to suspend elected Chairmen and Vice Chairmen,or to dissolve elected Local Government Councils.Edo State governor and the House of Assembly acted illegally to suspend elected Chairmen and Vice Chairmen of Local Governments in Edo State.
Edo State House of Assembly acted on a moribund laws already nullified by the judgment of the Supreme court to invoke the 2 months suspension of elected Chairmen and Vice Chairmen in Edo in December 2024.It was the illegal resolution of the House of Assembly that the governor acted on to suspend the elected Chairmen and Vice Chairmen of Local Governments in Edo State.The question Edo people should ask the House of Assembly and the governor is , with the expiration of the 2 months suspension,on what basis is the Chairmen and Vice Chairmen still kept out of their offices?
It is a known fact that there is a subsisting Edo State High Court Judgment that nullified the illegal suspension of the elected Chairmen and Vice Chairmen.It is unlawful , irresponsible and criminal to continue to keep the elected Chairmen and Vice Chairmen out of office despite the expiration of the 2 months suspension from the moribund laws of Edo State and with a subsisting High Court Judgment nullifying the suspension.
Let no one pretend not to know that the people of Edo State are already suffering from the lack of effective local government administration in Edo State.The increase in kidnapping and other criminal activities across the local government areas in Edo State is seriously impacting negatively on the lives and property of the people of Edo State.Let it be on notice that the governor of Edo State and his supporters of the illegal suspension of elected Chairmen and Vice Chairmen in Edo are causing nuisance on the peace and well- being of the people of Edo State/ Nigeria.
I listened to the speech of President Tinubu and reasons for his declaration of the State of emergency in Rivers State.Let me again through this article ask whether mr President,the Attorney general of the Federation and the Inspector General of Police not aware that there is an APC government in Edo State that have deliberately violated the Constitution of Nigeria, disobey the Judgment of Edo State High Court and the Judgment of the Supreme court that forbid the governor from suspending elected local government Chairmen and Vice Chairmen in Edo State?
It is our collective responsibility as Nigerians to defend the Constitution of the country and the laws of the country.The instrument of the government of the Federation should apply impartially to protect the elected Chairmen and Vice Chairmen to resume their official duties.The Councillors should stand up to defend the Autonomy of Local Governments and not to listen to talks on defection.The people of Edo State should tell the governor and members of Edo State House of Assembly that the retention of illegal operations of the Local Government Councils in Edo State is constituting nuisance on the lives and property of the people.
Dr Isaiah Osifo, Two-time Elected Chairman of Uhunmwode Local Government and the pioneer Chairman of Edo State chapter of the Association of Local Governments of Nigeria,( ALGON)
Email:isaiahosifo@gmail.com
