Itsekiris and LGA Bill 2000
by
We wish to say that our memorandum is basically and substantially intended to ensure that the New Local Government creation exercise is carried out in such a manner as to achieve peace, order and good government in the Delta State, as enshrined in section 4 (7) of 1999 Constitution of the Federal Republic of Nigeria (here in after referred to as "The Constitution").
It is also designed to ensure that the exercise does not unduly raise the hopes of community and political leaders who are hungry and desperate about having new local governments areas created for them. Raising false hopes can only be avoided by getting interested persons to be aware that new Local Government Area can no longer be created at the will or discretion of any person, or authority, be it legislature or the executive. To do otherwise, will clearly be setting the stage for agitation, litigation and invariably, consequential violence across the state as a result of either dashed hopes or illegality committed in course of the Local Government creation exercise.
The Delta State House of Assembly, should deliberately and consciously invite the attention of the public to the Provisions of the Constitution relevant to the creation of New Local Government areas, so as to make them know what it entails.
Firstly, section 7 (1) provides that "The system of Local Government by democratically elected governments councils is under this Constitution guaranteed, and 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. 7(2) The person authorised by law to prescribe the area over which a Local Government Council may exercise authority shall - (a) Define such area as clearly as practicable; and (b) Ensure, to the extent to which it may be reasonably justifiable, that in defining such area, regard is paid to the common interest of the community in the area, traditional association of the community, and administrative convenience.
Section 8 (3) provides that a bill for a Law of a House of Assembly for the purpose of creating a New Local Government Area shall only be passed if
(a) A request supported by at least two thirds majority of members (representing the area demanding the creation of the New Local Government Area) in each of the following namely; (i) The House of Assembly in respect of the area and (ii) The Local Government Councils in respect of the area is received by the House of Assembly.
(b) A proposal for the creation of the Local Government Area is thereafter approved in a referendum by at least two thirds majority of the people of the Local Government Area where the demand for the proposed Local Government Area originated.
(c) The result of the referendum is then approved by a simple majority of the members in each Local Government Council in a majority of all the Local Government Councils in the state; and
(d) The result of the referendum is approved by a resolution passed by two thirds majority of members of the House of Assembly.
Having spelt out the provisions of section 7 and 8 relevant to the establishment of local government councils and the creation of new local government council area, permits us to make the following salient comments:-
(i) That all actions to be taken under Section 7(1) are made subject to the provisions of Section 8 of the Constitution. In order words, the establishment or creation of any local government council area over and above the numbers listed in the First Schedule to the Constitution, must be carried out in accordance with the provisions of Section 8(3) of the Constitution.
(ii) Section 7(2) refers to the person authorised by law to prescribe the area over which a local government council may exercise authority. We are not aware that there is a law of this state authorising any person to prescribe the area over which a local government council may exercise authority. Does the House of Assembly see itself as the prescribed authority as envisaged by 7(2) of the constitution, and to exercise the functions listed in 7(2) (a) & (b) of the constitution? If so, we strongly believe that it is not the correct intention and interpretation of section 7(2). Were it so, the section would simply have said "The House of Assembly shall prescribe the area over which a local government council may exercise authority and shall (take the actions in sections 7(2) (a) and (b).
(iii) We doubt if the House of Assembly is equipped in terms of expertise and material resources to properly discharge the functions listed in Section 7(2) (a) & (b).
(iv) That improper, poor and unfair, or hurried discharge of the functions in Section 7(2) (a) and (b) may lead to confusion, boundary dispute, intra/inter community conflict and violence. Such a situation runs counter to the Power of the House of Assembly to make laws for the peace, order and good government of the state as provided in Section 4(7) of the Constitution.
(v) We note your call for memoranda and for requests by interested persons or communities for the creation of New Local Government Areas, as stated in paragraphs 1 and 2 of your publication in the Pointer Newspaper of 13th of November, 2000. The memoranda called for by you, (on behalf of the House of Assembly), being requests for the creation of New Local Government Areas, as envisaged by Section 8(3) of the Constitution, must comply with the said section. In other words, each request must, on its face, show that-
It is supported by at least two thirds majority of members (representing the area demanding the creation of New Local Government Area) in each of the following namely-
(i) The House of Assembly in respect of the area and
(ii) The Local Government Councils in respect of the area.
It is our submission that any request which, on its face does not meet the requirements of Section 8(3) of the Constitution, must be discountenanced. This is so because Section 8(3) of the Constitution provides that all requests received by the House of Assembly must comply with those requirements, and the House of Assembly cannot pass any request into law unless those conditions are met.
It is needless saying that any purported requests for the creation of a New Local Government Area wrongly passed into law by the House of Assembly is bound to generate controversy and possible legal action to declare such a law unconstitutional and a nullity. In the mean time, the wrong and unfortunate impression would have been given to the so called beneficiaries of the purported and still born New Local Government Area that a new council has been created for them. A seed for violence, frustration, disaffection and conflict would have been planted. In addition, government and/or the State Assembly would then brand as agitators and confrontational people who rightly insist on compliancies with the constitution, by seeking legal redress in a manner consistent with democracy. The so-called beneficiaries of the purported new creations would accuse people seeking legal redress as being obstacles to their aspirations.
We strongly feel and believe that your publication in the Pointer of 13/11/2000 should have gone further to spell out very clearly the provisions of Section 8(3) of the constitution, with insistence that all requests must comply with the said Section.
To simply call for memorandum and requests for the creation of new local government areas without emphasizing the need for compliance with section 8(3) of the Constitution is like building something on nothing. It cannot stand. At the expense of repetition, and for the sake of further emphasis, it is envisaged by section 8(3) that a request for the creation of a New Local Government Area in addition to its bearing the signatures of those making the request, should, as evidence of support for the request, bear:
(a) The signatures of two thirds majority of members of the House of Assembly in respect of the area demanding the creation of the New Local Government Area.
(b) The signatures of two thirds majority of members of the Local Government Councils in respect of the area demanding the creation of the New Local Government.
We therefore, maintain and submit, that any request that does not show authentic evidence of support as stated above, is not a competent and valid request within the context of section 8(3) of the constitution. It is in clear breach of it, and therefore should discarded and not accepted and treated as a request.
Leaders of Thought is an Itsekiri non political body established in 1974.