Date Published: 08/18/09
Scrapping of Lagos LCDAS:
IS IT PART OF YAR’ADUA’S 7-POINT AGEENDA?
By Walter Duru
There has been raging controversy over the decision of the Lagos State
Government under the leadership of Mr. Babatunde Fashola [SAN] to retain
and maintain fifty seven [57] Local Government Areas and Development
Centres, as created by former governor, Senator Ahmed Bola Tinubu.
The matter, which was almost put to rest following a Court ruling, which
upheld the power of the Lagos State Government to create Local Government
Councils in conformity with the provisions of the 1999 Constitution of the
Federal Republic of Nigeria was resuscitated recently, following a letter
from the Federal Government, ordering the Lagos state government to revert
to the previous twenty [20] Local government Areas.
Addressing newsmen after a Federal Executive Council meeting, Attorney
general and Commissioner for justice, Mr. Mike Aondoakaa said that there
would be no alternative for the Lagos State government but to abolish
the thirty seven [37] newly created Local Government Development Areas if
the National Assembly does not amend the Constitution to accommodate them.
Aondoakaa recalled that apart from the Supreme Court, which had declared
the new Local Governments as illegal, a Lagos High Court had also
declared the LCDAS as non operational.
According to him, a Local Chief [baale] who was deposed by one of the
LCDAS went to a state high Court in Lagos and got a favourable
judgement that the LCDAS did not exist in law and could not depose a
baale.
“Let me give you a graphic clarification on the issue of Lagos State.
Let me be clear that the President of the Federal Republic of Nigeria,
Alhaji Umaru Yar’Adua supports development but we have to follow the
law in doing things.
Local Government has two aspects of legislative imperative. The process
starts from the state and terminates at the state House of Assembly and
to make it complete, the National Assembly must amend the Constitution
to list the new Council areas.
The danger which the President is trying to avoid, the power to amend the
Constitution lies with the National Assembly. Is the Lagos state
government trying to say this two-way traffic is only one way?‘It is not the amount of publicity you can manipulate this morning, you
can see all the lawyers on television were unanimous that no local
government can have life except created by the state and when National
Assembly concurs, it becomes legitimate; the schedule is amended and
included in the Constitution. Only Lagos State says it cannot, because,
they have a powerful machinery. But you cannot twist the law. The law is
so clear; it is so elementary and the governor knows it and that is the
law and it can not be changed. That is the position on the issue of Lagos
State”, he stressed.
Also speaking, Minister of States for Defence, Mr Ademola Seriki, who is
also from Lagos State, says “This government is not in opposition to the
creation of additional Local governments.
I, as a Lagosian and a minister from Lagos State, I am not opposed to
such as well. But, we can not, in the name of that legitimize illegitimacy
or illegality.
“The 37 additional LCDAS are not in the Constitution, but I will refer
this to the AGF to give proper interpretation as to the position of the
law. We cannot continue to be mischievous about it and engage all forms
of altercation in resolving the issue between FG and States”, he
stressed.
Reacting to the issue, Traditional Rulers and Chiefs in Lagos State rose
in support of the position of the state government and advised President
Yar’Adua to seek redress in Court, instead of resorting to threats.
At a well attended meeting at the Regency Hall, Ikeja, the Traditional
Rulers and Chiefs, under the Chairmanship of the Oba of Lagos, His Royal
Highness, Oba Riliwanu Akiolu 1, produced a 19-point communiqué which
they handed over to the State Governor, Mr. Babatunde Fashola [SAN] at the
State House, Ikeja.
The monarchs viewed the ultimatum to the Lagos State government as
uncalled for, and provocative in view of the fact that the Supreme Court
had long ruled that the creation of the Local Government Development areas
were in order.
They observed that since the creation of the Council Development Centres,
the people have been experiencing the dividends of democratic governance
at the grassroots, adding that massive grassroots development is the order
of the day in the state.
They warned “ Any attempt at frustrating the existence of the 37 Local
Council Development Centres would amount to slowing down the
socio-economic development of Lagos state and a negation of the wishes
and aspirations of the good people of Lagos State”.
They noted that the action of the President would further heat up the
polity which according to them, is currently reeling under the crises by
the militants in the South/ South and the recent religious crises in the
Northern Nigeria, as well as the almost total collapse of infrastructure
in the Country.
They advised the President not to allow himself to be used by those they
described as ‘political jobbers’ to create trouble where non exists.“As a confessed advocate of Rule of law and a gentleman who grew up in
Lagos, the meeting expected Mr. President to take actions aimed at getting
the National Assembly to pass necessary consequential legislation to list
the thirty seven [37] LCDAS in the Constitution, instead of resorting to
threats and coercion”.
According to them, “the Development Areas were lawfully created by a
law validly made by the State House of assembly and all required steps
were taken before they were created”.
They further advised the President to pay attention to the fast
dilapidating Federal Structures in Lagos State, especially, Federal Roads,
and should take steps to rehabilitate them instead of spoiling for a fight
with the state government, which they said have been doing everything to
maintain decaying infrastructure in the state.
Appealing to both parties to pursue whatever grievances in the Law Court
and work towards promoting a peaceful Political climate not only in
Lagos, but in the Country. They noted that the current impasse could lead
to capital flight by investors in view of the fact that Lagos is the
Commercial nerve centre of the Country.
Also reacting, Lawyers have cautioned the Federal Government against
forcing the Government of Lagos State to disband the 37 Local Council
Development Areas, even as they urged her not to arrogate to itself, the
Power of the Court to avoid a breakdown of law and order.
Walter Duru is a Journalist and a Public Relations Consultant based in
Port Harcourt.
E-mail: walterchike@yahoo.com. Tel: 08036711220
