Constitution Review: Senators agree on LG autonomy, differ on state Police

Senators have unanimously agreed to include full autonomy for local governments in the nation’s constitution but disagreed on the establishment of state Police to tackle insecurity.

This was even as Senators from the Southeast and South-South geo-political zones at the forum advocated the creation of additional states.

The legislators bared their minds at the sidelines of the retreat which was organised by the Senate Committee on Constitution Review in collaboration with the Policy and Legal Advocacy Centre, PLAC in Kano.

Their decision to save the third tier of government from total collapse following the abuse of their roles by the state governors, may not be unconnected with the recent Supreme Court verdict and the pledge by Senate President, Godswill Akpabio, that the National Assembly would tinker with the constitution to legalise their full autonomy.

Senate Leader, Opeyemi Bamidele; a former Chief Whip of the Red Chamber, Ali Ndume; Chairman Senate Committee on Finance, Senator Sani Musa; Senators Abdulfatai Buhari, Osita Izunaso and Ned Nwoko in their various submissions insisted that full autonomy for local governments was long overdue.

Bamidele noted that the current constitution placed the administration of local government in the hands of the state government but the exigencies of the current situation made it necessary to make the third tier of government, completely independent.

He said, “The independence of the autonomy of our local governments cannot be taken away. The debate is raging as to whether or not local government should be considered as a tier of government.

“Law is made for men and not men for law. Regardless of what is in our constitution, what is important is that certain realities have come to terms with us.

“So, if we’re talking about local government autonomy, the way some of us have looked at it, in the Senate and the National Assembly, is that we need to complement what the Supreme Court has said.

“The Supreme Court didn’t say anything that is not in our constitution. The Supreme Court only gave it some further clarity.

“Arising from that, it’s also important that as much as possible, we also ensure that the fear that governors will not allow local governments to function can also be addressed through further tinkering with our constitution.

“For instance, a lot of stakeholders are concerned that for as long as local governments elections are conducted through state independent federal commissions, there could be a highway to nowhere.”

In his submission, Osita Izunaso said arguments about the possibility of local government chairmen becoming too powerful to the extent of impeaching governors if granted full autonomy do not hold water.

He said, “When we started in this country, local governments had full autonomy then and they were developing their areas. I believe in the full autonomy of the local government.

“I am sure it is going to work. I don’t believe that LG autonomy would empower council chairmen to impeach the governors. The fear does not arise and I don’t even believe in it.

“The governors have immense constitutional powers. Only the state assembly can move against the governor. The council chairmen don’t have the power. Governors and council chairmen should face their work.”

Senator Abdulfatai Buhari backed the position of the Senate Leader, saying the election of council chairmen and the councillors should be conducted by an independent body not constituted by state governments.

He said, “Local government autonomy could only be achieved if their elections are conducted by an independent body.

“If that is not done, states will continue to siphon their money, through threats, through blackmail.

“If I just put you there as local government chairman, as the governor, definitely you will be answerable to me, but if I am contesting my election people’s eyes will be on me and what I am able to perform, you can’t force me to take the money to the governor.

“If we want that Supreme Court judgement to hold water, we should expunge from the Constitution, that aspect of Joint Account.

Senator Sani Musa noted that the process of restructuring had started with the Supreme Court verdict on local government autonomy.

He said, “When you are talking about restructuring, we should be able to give the local governments the autonomous power to be able to run their administration from the grassroots level so that the impact of governance can reach the grassroots.”

Similarly, Senator Ned Nwoko said local government autonomy was very critical.

He said, “The local government has almost died, there is really nothing happening there, it is just a mere third tier of government.

“So any reforms that support what the Supreme Court has already done, will help to reintroduce the ideals of having a local government.

“If we have an independent local government where elections are conducted by INEC for instance and they have their own money and they are able to take care of local securities and deal with hospitals and the rest of them, a lot will happen for good”

The senators were, however, divided on the issue of State Police.

Those in support said insecurity would be tackled with the state Police while others said political opponents would be targeted by state governors.

Senator Sani Musa who supported the idea said, “When we are talking about State Police, every state in this country is facing one insecurity or the other and I believe that if we look at the issue of State Police, it is good for us.”

However, Senator Ali Ndume said, “What we need is to increase the manpower of the police and improve their welfare for effective policing. State Police would be abused by the governors.”

Both Senators Nwoko and Osita Izunaso maintained that the creation of additional states in their geo-political zones was long overdue.

Izunaso said, “The most important agenda the South East Caucus in the National Assembly has is to push for equity and justice.

“We need an additional state in the South East so that we come to terms with other zones in the country that all have six each.

“A situation where the South East has five states when others have six does not go well for balancing. I believe that our colleagues from other zones will see the reason why we need the state to support us.

“There are bills in that regard. For instance, I have my own Bill for the creation of Orlu State. There are two other bills from our colleague for the creation of two other states. We are going to sit back as a zone and harmonise our positions.”

Nwoko said, “The Anioma State creation for me is something that has to be done, if that is the only state that is created in this period, I will not be surprised.

“Agitation for Anioma State had been going on for almost 50 years, it is the oldest agitation for a state.”