LG Autonomy: See the 13 States that are in Rush to Hold Council Polls
By Gbenga Odogun, Godwin Isenyo, and Peter Dada
– Bauchi sets LG poll for August 19; Kogi election scheduled for October 19
– Jigawa, Imo, Anambra, Abia, Katsina, Kebbi, and Benue also prepare for elections
Following the Supreme Court’s ruling last Thursday, which barred federal allocations to councils managed by caretaker committees, no fewer than 13 states have set dates for Local Government elections.
The states preparing for council polls include Kaduna, Kogi, Bauchi, Katsina, Osun, Enugu, Benue, Rivers, Jigawa, Imo, Kebbi, Abia, and Anambra.
On Tuesday, the Kaduna State Independent Electoral Commission scheduled the council poll for October 19, 2024.
The Supreme Court ruled that it was unconstitutional for state governors to withhold funds allocated to local government councils. The landmark judgment, delivered by Justice Emmanuel Agim, emphasized that the 774 local government councils in the country should independently manage their funds.
The judgment was issued in the case SC/CV/343/2024, filed by the Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi (SAN), against the 36 state governors. The AGF had sued the state governors through their respective state attorneys-general.
The Supreme Court affirmed that the government is divided into three tiers: federal, state, and local. It declared that state governments have no authority to appoint caretaker committees, stating that local government councils must have democratically elected officials.
“A democratically elected local government is sacrosanct and non-negotiable,” the court declared, ending the practice of appointing caretaker committees by state governors. The court also asserted that using caretaker committees violated the 1999 Constitution.
The Supreme Court further declared that the 36 state governors have no power to dissolve democratically elected local government councils and replace them with caretaker committees, calling such actions unlawful and unconstitutional. The court barred state governors from receiving, retaining, or spending local government allocations, describing the practice as a clear violation of section 162 of the 1999 Constitution, as amended.
The court held that funds from the federation account must be distributed to the three tiers of government and emphasized that local government administrations should directly receive and manage their funds.
Justice Agim stated, “I hold that the state’s retention of the local government funds is unconstitutional. Demands of justice require a progressive interpretation of the law. Since paying them through states has not worked, justice demands that LGA allocations from the federation account should henceforth be paid directly to the LGAs.”
Following the widely applauded verdict, Finance Minister and Coordinating Minister for the Economy Wale Edun, and Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi (SAN), reportedly scheduled a meeting with the Federal Accounts and Allocation Committee officials to discuss implementing the Supreme Court ruling. FIRST CLASS GISTS could not confirm if the meeting took place.
### Kaduna LG Poll
Announcing the council poll date at a meeting with political parties and other stakeholders on Tuesday, Kaduna SIECOM Chairperson Hajara Mohammed explained that current council officials were sworn in on November 1, 2021, and their three-year tenure will end on October 31, 2024.
She said, “The current council members were sworn into office on November 1, 2021, and their tenure will end on October 31. KAD-SIECOM is responsible for organizing the elections of chairpersons, vice-chairpersons, and councillors in the state. In accordance with section 25(1) of the KAD-SIECOM Law 2024, the public is informed that the LGA council election will be held in Kaduna on Saturday, October 19, 2024, between 8 am and 4 pm. The election timetable and guidelines have been released, and KAD-SIECOM is ready to conduct the election on the set date.”
The Kogi State Independent Electoral Commission also announced October 19 for the local government election across the state. Chairman Mamman Eri explained at a stakeholders’ meeting in Lokoja that the decision aligns with the Constitution and the powers vested in the state Independent Electoral Commission. A comprehensive timetable and schedule of activities have been prepared to ensure a transparent, fair, and credible electoral process.
“We assure you that these activities have been designed with utmost consideration for inclusivity, transparency, and adherence to electoral laws,” Eri said. Councillorship candidates will pay a N100,000 deposit, while chairmanship candidates will part with N250,000. The election prohibits candidates dismissed from public service or private employment and those found guilty of narcotics offenses from contesting.
Eri appreciated the continued support and collaboration toward a successful election.
### Bauchi LG Poll
The Bauchi State Independent Electoral Commission has set August 19 for local government elections. Chairman Alhaji Ahmad Makama announced at a news conference in Bauchi that all necessary arrangements had been made to ensure free and fair elections. He urged citizens to vote for their preferred candidates and denied allegations of rigging plans.
Makama stated that the commission had organized meetings with political parties, security chiefs, and relevant stakeholders as part of the election preparations. He called for public support to ensure a smooth election process.
### Other States
Katsina, Kebbi, and Benue have also set machinery in motion to conduct local council polls. The exercise will take place in Enugu on October 5, while Benue will conduct the council poll on November 16. Other dates include Kebbi on August 31; Rivers on October 5; Kwara and Imo on September 21. Katsina has announced February, while Osun will conduct the poll on February 22, 2025.
### Ondo Election Postponed
However, preparation for the council election in Ondo State has been put on hold. Ondo State Independent Electoral Commission Chairman Dr. Joseph Aremo announced on Monday that no political party complied with the proposed election guidelines. This is the second time the commission has postponed the election, initially scheduled for February and later shifted to July 2024.
Addressing stakeholders in Akure, Aremo stated, “Ours is to conduct an election that will usher in a democratic government at the local level. It’s unfortunate that no single party complied with the guidelines. We have yet to receive the nomination of candidates for verification and public scrutiny.” Aremo added that the commission would reassess and announce its position later.
The Ondo State Chairman of the Inter-party Advisory Council, Adesanya Olaoluwa, acknowledged that political parties agreed to the terms, recognizing that no election could occur without their compliance.
He said, “They now understand our reasons. We want to see Mr. Governor. It is not that we don’t trust ODIEC. We know they can conduct a credible election, but we want to see Mr. Governor.”
The People’s Democratic Party claimed that ODIEC postponed the elections because the All Progressives Congress had lost popularity in the state. State Publicity Secretary Mr. Kennedy Peretei stated, “We knew all along that ODIEC would not c
onduct the LG election because the APC is not on the ground.”
