Attorney-General of the Federation and Minister of Justice, Abubakar Malami, has called for immediate disbandment of caretaker committees and restoration of elected local government representatives across the states of the federation.
Malami’s directive is captured in a letter he wrote and addressed to Prof. Oyewo Oyelowo, Attorney-General and Commissioner for Justice in Oyo State, with reference HAGF /OYO /2020 /Vol. I/I.
In the letter dated 14 January, 2020, entitled; “Unconstitutionality of dissolution of elected local government councils and appointment of caretaker committee: The urgent need for compliance with extant judicial decisions,” the Minister frowned at the common practice by state governors in sacking democratically elected local government representatives at will.
According to Malami, “in view of the decision of the Supreme Court on the matter, that is binding on all 36 States of the Federation.
“The common practice by some state governors in dissolving elected local government councils is unconstitutional, null and void.
“So, also any system of local government run by Caretaker Committees are out rightly illegal and unconstitutional.
“To this end, I hereby request all their Excellencies, State Governors and Speakers of State Houses of Assembly, who are currently acting in breach of the provisions of Section 7(1) of the 1999 Constitution (as amended);
“And also acting in disobedience of the Supreme Court judgment highlighted above to immediately retrace their steps by ensuring compliance with the above in the overall interest of the rule of law and our democracy.”
The Attorney-General said that copies of the letter have been sent to the IGP, DSS, EFCC and NFIU.
In the case of Oyo State, Malami requested the Commissioner for Justice to take positive steps to ensure compliance, adding that the president and other relevant agencies would advise on further compliance measures to be taken in national interest.
He specifically urged Governor Seyi Makinde to reverse himself over the dissolution of local government administrations in the State.
“The need to immediately disband all caretaker committees and restore democratically elected representatives to man the local governments has therefore become obligatory,” Malami wrote.
The News Agency of Nigeria (NAN), recalls that Gov. Seyi Makinde had on assumption of office in May 2019, dissolved the elected local government executives in the state, a year into their administration.
The governor had also in December 2019 inaugurated caretaker committees for the 33 local governments and 35 Local Council Development Areas (LCDAs) in the state.
Reacting, Prince Ayodeji Abass-Aleshinloye, the Chairman, Association of Local Governments of Nigeria (ALGON), Oyo State Chapter, described the decision as a welcome development.
Abass-Aleshinloye said that the directive has confirmed what they stood for, saying it was wrong for constitutionally elected local government chairmen to be treated in such manner.
“We are glad with this latest development. We want to assure the administration that as law abiding citizens, we will work hand in glove with them to ensure even development in Oyo State.
“We also want to thank the people of Oyo State for standing with us and being law abiding for the duration of the period that the issue lingered,” he said.
