By David Adenekan
The Judicial Constitutional Interpretation of Local Government Financial Autonomy In Nigeria Is Sacrosanct: A Rejoinder To “Local Government Autonomy, Supreme Court’s Perverse Ruling Won’t Work”, By Olu Fasan
FIRSTLY, THE process of attaining a goal will be irrelevant if it is counter productive.
Suffice it to say, that the goal to allocate money to the local government authorities has been defeated by the deficiencies in the process. This is what the Supreme Court has fixed.
In addition, the issue of judicial constitutional interpretation is not an anomaly. It is not a strange thing in law.
PLEASE STOP IT!
AS IF, THE SUPREME COURT HAS DONE THE UNTHINKABLE IN LAW.
The essence of a constitution is for justice to prevail and, there can never be justice if the letters or conscience of the constitution is violating the fundamental human rights (rule of law) of the citizenry.
Since you concur in your write-up that the so-called wicked and kleptomania governors in Nigeria are grossly violating the goal of allocating funds to the grassroots for the betterment of the people, is the process of allocating money to the citizenry more important than the goal?
If the process is not working to attain the goal, is it not a common sense to fix the process, so that, we can attain the goal?
The 1999 Constitution as amended, recognizes the local government authorities as the third tier of government.
Is it not now logical to say that the local government authorities as the third tier of government should not be a surrogate or appendage of both the federal or state government?
Constitutionally, the state assemblies only perform oversight functions over the local government authorities.
The local government authorities also have a legislative arm, constituted by the elected councilors.
They have their by-laws to run the administration at the level of the grassroots.
The oversight functions of the state assembly do not make the local government authority as a third tier of government an appendage of the state government.
Succinctly, it is basically, an inter-governmental relationship for a better society. It is not to usurp the autonomy of the local government authorities for good governance at the grassroots.
Therefore, it is pertinent to say that both federal and state governments should not be a cog in the wheel of progress of the people at the grassroots.
Please, verify with me the Oxford Dictionary meaning of tiers of government in a federal system of government as it is being practised in the United States of America (the father of modern democracy). Oxford Dictionary is universally, accepted as a source of information in the academic world.
There are more than two tiers of government in the United States, and each level of government is independent of each other in terms of duties and responsibilities.
The importance of synergy among the tiers of government to complement each other’s efforts for a better society cannot be overemphasized.
In addition, the breaking down of government into separate levels in federalism is to avoid over-centralization of power and bring the government closer to the grassroots.
Autonomy does not mean any of the tiers of government is an island, but it brings the dividends of democracy or government very close to the grassroots.
The judicial constitutional interpretation of the law on local government financial autonomy is sacrosanct, until “we the people” evolve a great platform to renegotiate (restructure) the country called Nigeria for true federalism towards nation-building.
Yes, I concur that; Nigeria is currently, a quasi-federalism that needs fixing up.
Prejudice apart, and without mincing words, it is very important to say, that the essence of the Supreme Court verdict on local government financial autonomy is to uphold justice for the people at the grassroots, which is far more important than the process of allocating the money.
This is because, justice, in the long run, will correct the process.
The issue of governors who will go ahead to organize “Kangaroo Election” to hand-pick their stooges and puppets as Chairmen of local government authorities, will eventually fizzle out.
This is so because, the issue of financial autonomy would turn the minds of the people at the grassroots against their leaders if they do not see the dividends of democracy; and the Chairmen of local government authorities will have to choose between the governors or, the people.
The people now know the leaders that live amongst them are in charge of their money and they are expected to be accountable for it; only time will tell.
In addition, the essence of true federalism is to bring the government closer to the people and this informed breaking the government into more levels.
Whether local government, city government or municipal government, they are interchangeable.
In the final analysis, as I opined in my last article before this, Punch Editorial Board Goofed. Gbam!
How can the Empire State, NY, fund the City of New York (the Big Apple), that it is richer than the state?
This strange concept of the state funding the local government authorities is not in the true definition of federalism as it is being practiced in the United States of America, the father of modern democracy.
Time will tell.
David Adenekan writes from Chicago, Illinois; he Is the editor of Shekinah Magazine and a media expert.
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