Like executive, like legislature in Oyo State, rascality is now the order of the day as Oyo State is now synonymous with illegality and power exuberance. The only Governor which condemned Supreme Court landmark judgment on local government autonomy is the Oyo State fanatical emperor; Governor Seyi Makinde as the Oyo State House of Assembly was reported on Thursday October 31, 2024 to have also suspended the Chairman of Oyo East Local Government, Olusola Oluokun, over a viral video that was purportedly obnoxious and unbecoming of a Chairman of a local government. While the Governor deliberately attacked the Supreme Court judgment to discredit the then Chief Justice of Nigeria who hailed from Oyo State, did the Assembly also want to discredit Alaafin of Oyo Empire symbolizing Yorubaland which Oyo represents?
To be sincere, apart from Ladoja/Akala regime which witnessed thugs’ incursion into Oyo politics, the current administration is the most ruthless that even elevated hooliganism in the State and made thugs of undisciplined people disciplinary committee Chairman of Transport Arms of the terror network. An absurdity of highest order to the Pace Setter State!!!
Actually, the atmosphere in Oyo State House of Assembly since 2019 has shown that the house is either full of political puppets or novice in legislative duties, No wonder, the house members do not even know their limit in law making nor know the laws they are supposed to superintend. There was a day I even asked my own Assembly member from Orelope State Constituency copy of a Law passed when he joined the House but I was surprised that he said he did not have a copy of the bill apart from political brag by telling me he did not know the person he was responding to despite introducing myself formally as usual before making my request. As activist, I did not know more than 65% of people I have attended to their cases. They only got my contact and when they explained their situations, I proffer the solutions where there was no need of seeing me. And once they got result, that is the end. If an honourable has no copy of the law he was part of the makers, do we need to ask them what oversight functions they perform when they do not even know what to do?
If the House of Assembly is constitutionally informed and literarily exposed, it would have known it is not only illegal for house of Assembly to suspend or sack a local Government Chairman the Same way the National Assembly cannot suspend a Governor or impeach him but that it smears ill of the constituents of that Assembly. The legislative functions of the councilors at the local government include screening and approval of local government budget, nominees of local government chairman such as Supervisors, special assistants and advisers among others and to conduct oversight functions on the entire local government departments and Units where allocation of resources was made during the financial year. Ohhhh, let me ask Oyo Assembly o, is it the National Assembly that helps you perform your roles? If not, why hijacking the local government administration just because they were selected by you boss?
So, if at all, there is any kangaroo law at the State level which empowers the State Assembly to suspend or sack a local government, that law exposed the mediocrity of those who made it and or implement it as not being sound intelligently in the task of legislative functions. This is because if the National Assembly doesn’t have power to suspend a Governor, the State House of Assembly should know it trespasses and subverts local government administration independence which the Supreme Court has affirmed. Is Oyo Assembly now reversing Supreme Court judgment as a result of power abuse or display of sheer ignorance of the laws?
According to 1999 Constitution of the FRN (as amended), it provides in Section 4 (5) “If any Law enacted by the House of Assembly of a State is inconsistent with any law validly made by the National Assembly, the law made by the National Assembly shall prevail, and that other Law shall to the extent of the inconsistency be void” and section (7) provides “The House of Assembly of a State shall have power to make laws for the peace, order and good government of the State or any part thereof with respect to the following matters, that is to say- (a) any matter not included in the Exclusive Legislative List set out in Part I of the Second Schedule to this Constitution; (b) any matter included in the Concurrent Legislative List set out in the first column of Part II of the Second Schedule to this Constitution to the extent prescribed in the second column opposite thereto” In all of these provisions, the State House of Assembly only has power on revenue allocated to a local government or budget made in respect thereof of any thing having to do with education among similar objects. At no point was any administrative power over local government administration vested in the State House of Assembly. Therefore, the suspension of the Oyo East local government by the Oyo State House of Assembly is ultra vires by the application of Doctrine of covering the veil. Without requiring litigation, the House should reverse itself as quick as possible except it wants to make mockery of itself and the occupants of that House
Luqman Soliu writes from Abeokuta, Ogun State
