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Fresh crisis brews in Ekiti over dissolution of LGs

Posted by By EBOMHIANA MUSA on 2007/02/12 | Views: 364 |

Fresh crisis brews in Ekiti over dissolution of LGs


A fresh crisis is brewing in Ekiti State following the dissolution, last week, of the 16 local government councils by the Sole Administrator, Brig. Gen. Adetunji Olurin (retd).

A fresh crisis is brewing in Ekiti State following the dissolution, last week, of the 16 local government councils by the Sole Administrator, Brig. Gen. Adetunji Olurin (retd).

Consequent upon this, the House of Representatives has summoned Olurin to appear before it tomorrow, Tuesday, February 13, 2007 to defend his action.

The House argued that the administrator’s action contradicts Sections 7 and 305 of the 1999 Constitution, stating that it was a “flagrant abuse of the office of the administrator.” It therefore directed that the status quo ante be maintained.

But a legal practitioner and social critic, Morakinyo Ogele disagreed with the position of the reps, saying that Olurin acted in accordance with the provision of the 1999 Constitution and the Emergency Powers Act of 1961.

Section 5(1) of the Emergency Powers Act 1961 provides that “every regulation made under Section 3 and every order or rule made in pursuance of such a regulation shall, without prejudice to the validity of anything lawfully done there under, cease to have effect at the expiration of a period of two months from the date upon which it came into operation, unless before the expiration of that period, it has been approved by resolution passed by both houses of parliament.”

Ogele said based on this provision, any regulation made by the president or order made pursuant thereto will be valid and will only become invalid if the president fails to secure the ratification/approval of the National Assembly within two months of their coming into operation.”

The legal practitioner added that by the foregoing, the administrator can validly suspend the offices of the chairmen and councilors of local governments throughout Ekiti State, adding that the only caveat of course is that such suspension (made by order) is subject to ratification by the National Assembly.

“They should have waited to see if the administrator will not seek their approval through the president as provided by law,” he said. Section 23B(1) of the Local Government Administration (Amendment) Law No. 6 of 2001 provides that the governor could dissolve the local government councils subject to the approval of 2/3 majority of members of House of Assembly.

However, in the circumstance whereby the governor and the House of Assembly have been suspended and the power of the administration of the state vested in an administrator, it is submitted that the administrator can validly exercise such powers.

Ogele described the action of the federal lawmakers as subjudice because the council chairmen had already filed a suit pending before the state’s acting chief judge challenging, their sack.
The suit is expected to be heard on Monday, February 19, 2007. Lagos lawyer and social critic, Chief Gani Fawehinmi had also been quoted as saying that “it is important to appreciate that the instrument with which the administrator was appointed does not require him to get the permission of the Senate or House of Representatives before taking any decision with respect to governance of the state.”



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Comments (3)

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Abieyuwa(Edo, Nigeria)says...

Otasowie means evening life is better than morning life. There is an error in your “evening life is better than evening life”?

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Naija g(Houston, Minnesota, US)says...

Sokari doesn’t mean joy. Joy is Biobela. Go to the village and ask the meaning of the name.

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Fay(Katy, Texas, US)says...

Actually translates to bravehearted.