A former National Commissioner and Chairman of the Information and Voter Education Committee (IVEC) at the Independent National Electoral Commission (INEC), Festus Okoye, has asserted that no branch of government in Nigeria can claim complete autonomy.
Naija News reports that Okoye stated this in a recent discussion with journalists, where he shared his insights regarding the Supreme Court’s recent ruling on Local Government Autonomy.
Recall that the Supreme Court had recently confirmed the local governments’ right to directly receive monthly funds from the federal account.
The highest court bestowed complete independence on the 774 local governments nationwide, as per the 1999 Constitution (revised).
In a unanimous verdict, the seven-member panel determined that it is unlawful and unconstitutional for state governors to keep or receive funds designated for local governments.
However, when asked about the potential for Local Governments to operate independently, Okoye stated, “In the unique context of Nigerian federalism, no branch or arm of government can assert absolute autonomy or independence. The 1999 Constitution of the Federal Republic of Nigeria (as amended) requires all governmental bodies to function both cooperatively and independently.”
Okoye emphasized that all levels and branches of government must uphold a constitutional and legal framework that ensures checks and balances, as they all wield the powers of the Federal Republic of Nigeria and are obligated to adhere to the fundamental objectives and directive principles of state policy.
“As clearly stated in Chapter II of the Constitution, it shall be the duty and responsibility of all organs of government, and of all authorities and persons, exercising legislative, executive, or judicial powers, to conform to, observe and apply the provisions of Chapter II of the Constitution.
“Furthermore, the powers listed in Part II of Chapter I of the Constitution are listed as the Powers of the Federal Republic of Nigeria. These include legislative powers, executive powers, judicial powers, and Local Government System. So, there is nothing called absolute autonomy or independence.
The conduct of governorship and state Assembly elections ought to be within the remit of the states. However, the designers of the Nigerian Constitution felt strongly that it should be domiciled with the Independent National Electoral Commission.
“The system of Local Government Administration ought to be domiciled with the state governments, which should be the ideal thing, but the Nigerian people feel that the states should not have absolute suzerainty over Local Government Administration and Finance,” the former INEC official told Daily Trust.
