The 21 September 2024 Imo State Local Government election in Imo State has come and gone. It was not without theatricals, dramatics and histrionics.
While opposition political parties like APGA, LP and PDP lampooned the election as sham, charade, fluke, travesty and mockery of democracy, on the contrary, the ruling APC commended the election as free, fair and credible.
These mixed reactions are understandable, predictable but worrisome. Nevertheless, no true democrat, serious minded person, man or woman of enlightened conscience will dare to take Nigerian political parties serious when they either complain about or extol electoral outcomes- all of them are fundamentally the same apple trees.
Nigerian political parties complain about unfair and undemocratic electoral outcomes only when they did not win or are rigged out.
In the results, the Imo State Independent Electoral Commission declared that APC won all the 27 Local Government Chairmanship and 305 Councillorship positions. In neighbouring Enugu State where the Local Government elections held on the same 21 September 2024, as was the case in Imo State, the Enugu State Independent Electoral Commission declared the ruling PDP as winner of all Local Government Chairmanship and Councillorship positions.
What other evidence does one need to bear out or authenticate that political parties are unserious with the idea of free, fair and credible elections and that they remain dangerous millstones or obstacles in the quest to enthrone merit in the leadership recruitment process in Nigeria,
Regardless of these shenanigans, it is appropriate to extend congratulations to all declared winners of the Chairmanship and Councillorship elections in Imo State as they have received their Certificates of Return from ISIEC. Congratulation is better than sorry. No victory is a trifle. The next stage is their being sworn into office.
Before that happens, this intervention is brought forward to fashion out ways to ensure that the return of democratically elected Local Government system will result in delivery of dividends of democracy in all the 27 Local Government Areas in Imo State.
In this wise, it is recommended that the first step in smooth take off of the democratically elected system of local government in Imo State is that the State Government should organise a compulsory training and capacity building workshop or seminar for those that have been elected on the operations and limitations of a Local Government Council in a constitutional democracy.
No expense should be spared in this regard as this will serve to equip, enlighten and educate both the Chairmen/Deputies and Councillors on the powers and functions of the Local Government under the Constitution of the Federal Republic of Nigeria, 1999 as amended and extant Imo State Law(s) on Local Government Administration.
Leadership should not be an accidental business. A leader should come into public office prepared and or armed with a clear leadership manual that embodies the mission and vision of his or her leadership trajectory.
The newly elected Local Government leaders should be reminded that the first duty of any leader is to provide responsible and responsive government. The national Constitution is unapologetic in enacting in section 14(2)(b) that the security and welfare of the people shall be the primary purpose of government.
Hence, they should be briefed or tutored that having been elected; they must shed the togas of partisanship and provide even-handed governance.
They have been elected to govern the entire Local Government and her people irrespective of diverse party affiliations or proclivities. An elected Executive Chairman of a Local Government is radically different from a Sole Administrator or Chairman of a Local Government Caretaker Committee.
Unlike the others earlier mentioned that are clear unconstitutional contraptions, an elected Executive Chairman of a Local Government is constitutionally recognised and legally obligated to work or serve with the Vice Chairman of the Local Government. Both of them and their appointed supervisors/aides (representing the executive arm) are under the immediate oversight or checks and balances of the Councillors of the Local Government Legislative Council.
Unlike the erstwhile Sole Administrators, members of the Local Government executive are not entitled to act with impunity or according to their whims and caprices. The projects they embark on and the monies they spend must be as approved and duly appropriated in the budget duly passed by the Local Government Legislative Council.
It is illegal, unlawful and an impeachable ground to embark on extra-budgetary expenses or disregard extant financial or procurement rules and regulations.
Besides, such financial recklessness may provoke accountability queries before anti-graft agencies leading to criminal charges of misappropriations being preferred.
The newly elected Local Government leaders must promptly declare their assets with the Code of Conduct Bureau as failure, refusal or neglect to comply has disastrous legal consequences for defaulters.
The executive Chairman should appoint supervisors and personal aides that can and should bring value to the system. The responsibilities assigned to the supervisors and aides must have direct bearing and impact on the lives of the rural people.
It is important too that supervisors are screened and confirmed by the Legislative Council in the same way that Commissioners are screened and confirmed by the Imo House of Assembly. Political appointments in the Local Government must be inclusive, not discriminatory or exclusionary.
Specific to the need to compose the government of a Local Government Council in an inclusive manner, section 14(4) of the Constitution of the Federal Republic of Nigeria, 1999 as amended is emphatic that the composition of the Government a Local Government Council, or any of the agencies of such Council, and the conduct of the affairs of the Council or such agencies shall be carried out in such manner as to recognise the diversity of the people within its area of authority and the need to promote a sense of belonging and loyalty among all the people of the Federation.
The relationship, protocol and otherwise, between the executive and legislative arms of the Local Government Councils must be fully spelt out and explained to all stakeholders.
The Legislative Council must be warned against arbitrary use of the tool of impeachment or suspension of members of the executive except through due legal process and for the sole reason that the welfare of the people must be and should remain priority. There should be zero tolerance for legislative Council rascality, no arm twisting or frivolous resolutions, unjustified refusal to pass budget or give approval to executive byelaws or flexing of muscles with the executive arm of the Local Government Council.
In the interim, Imo State House of Assembly will do well to harmonise all laws on Local Government Council administration clarifying such issues as procedure for removal or suspension of the elected Chairman or Vice Chairman, powers of the Local Government Legislative Councils, its sitting, quorum, election and removal of presiding and principal officers, budgeting process including tenure. This should be made available to stakeholders, the public and hosted online for easy access.
The momentous decision of the Supreme Court restoring financial autonomy and democracy in the Local Government system is a clear recognition of the importance of the Local Government as grassroots government. Thus, activities of the Local Government must be transparent and corruption free. This will be enhanced by consultations, regular stakeholders’ briefings and meetings.
The operations of the Local Government must be digitally compliant embodying open, accountable and transparent information dissemination about received allocations and their disbursements. In sum, the elected leaders should be told point blank that it is not business as usual.
To whom much is given, much is expected.
Imo people must be vigilant and hold their Local Government officials accountable as they have been elected to serve the people. Imolites across the 27 LGAs are enjoined to “shine their eyes” and be more than prepared to use all lawful means to demand transparency and accountability from the Local Government leaders.
It remains to be publicly explicated that immunity conferred on public officers in section 308 of the Constitution of the Federal Republic of Nigeria, 1999 as amended extends only to the President, Vice President, Governor and Deputy Governor. It is axiomatic that a Local Government Chairman and or Councillor does not enjoy immunity under the law and can as such be reported and consequently arrested, detained, prosecuted for offence(s) committed while in office by anti-graft agencies or other security agencies.
In deserving cases, such a person can be convicted by a Court of competent jurisdiction. So, all concerned must tread carefully. A word is enough for the wise.
A new normal is possible!
🖋️
Prof Obiaraeri, N. O.
