Governor Babatunde Fashola of Lagos State, yesterday, replied the letter earlier written to him by President Umaru Yar’Ádua to revert to 20 Local Government Areas, saying it is impossible since the Local Council Development Areas were created by law of the state’s House of Assembly.

A statement by the Senior Special Adviser to the Governor on Media, Hakeem Bello, said: “The letter underscores the fact that when there is a constitutional disagreement in a federal system like ours in Nigeria, it is not open to any of the parties to pronounce on the constitutionality or lack of it on the issue at stake. It is the age long responsibility of the Judiciary to determine disputes pertaining to the Constitution.

“The letter also points out that no party in the dispute has the right to resort to self-help in a polity governed by law and order.

“Indeed as explained in the letter, in the case at hand, it is impossible for His Excellency, the Governor of Lagos State, to accede to the request to dismantle the currently existing Local Governments and Local Council Development Authorities, strictly because they were created by laws validly enacted by the state House of Assembly.

“According to the letter, as Head of the executive arm of government, the Governor, Mr. Babatunde Fashola (SAN), is unable to unilaterally invalidate the laws made by the House of Assembly,” the statement said.

AC, Aturu react

The Action Congress (AC) and Lagos lawyer, Mr Bamidele Aturu, also yesterday faulted the threat by President Yar’Adua.

While AC insisted that the creation of additional 37 Local Council Development Areas (LCDAs) to the existing 20 councils by the Lagos State Government was not illegal, Aturu said the Supreme Court pronouncement on the matter confirmed that all necessary steps for the creation of the LCDAs had been met, except that the National Assembly has not given its final endorsement.

He said: “The indisputable implication of the judgment of the Supreme Court is that the referenda were validly conducted and concluded and also that the law passed by the state House of Assembly was validly done.”

National Publicity Secretary of AC, Alhaji Lai Mohammed, also accused the People’s Democratic Party (PDP) led Federal Government of attempting to distract the government of Lagos State from its development efforts.

He said: “For the avoidance of doubt, the Supreme Court did not say the creation of 37 additional councils in Lagos was unconstitutional and illegal, as President Yar’Adua wrote in his letter. It merely said the creation was incomplete because the National Assembly has yet to carry out its own part.

“The court never asked Lagos to revert to 20 local governments. And the 37 are development areas for which Lagos State is not getting additional funds from the Federal Government,” he said.

Aturu on his part said: “When the matter went up to the Supreme Court. The apex court found as a fact that the state complied with all the steps required for creating new local governments and that what was left was for the National Assembly to make the necessary consequential amendments to the Constitution as required by section 8(5) of the constitution.”

“The threat of the President if carried out would amount to a blatant act of aggression and subversion of the rule of law and the principles of federalism. It would expose the President as a war monger who does not understand how aggrieved Nigerians are with his failure to deliver on any item of his advertised seven point agenda.

“By the way which organs of state is Mr President referring to? Is he going to draft the army or the Police to seal up the Secretariats or level the Development Areas just as he did to Gbaramatu Kingdom? If that is his plan, I have little doubt that he would meet his waterloo in Lagos. The President seems to have run out of governance ideas and he is desperately seeking all means to heat up the polity in order to distract peoples’ attention from his embarrassing failings as a leader. The President needs to substantiate the allegations that the LCDAs are being run on money allocated for the 20 Local Governments. It is not just enough to make the allegation”, he added.

http://www.vanguardngr.com/2009/07/26/lagos-can%E2%80%99t-revert-to-20-lgs-fashola-tells-yar%E2%80%99adua/

Here's Fashola's brilliant reply to Yar Adua

Lagos councils: Fashola says 'No' to Yar'Adua

As the head of a State Government that is committed to the highest standards of Constitutionalism and legality, I regret that I am unable to accede to your request to alter the current status quo by stopping the operation of the 37 Local Council Development Areas.

WITH these words, Lagos State Governor Babatunde Raji Fashola has called the bluff of the Federal Government's threat through President Umaru Musa Yar'Adua's letter to bring the weight of the apparatus of the federal state on Lagos if the state government did not revert to the old order of 20 local councils.

Indeed, Fashola also expressed shock at Yar'Adua's tone and timing given that the letter , dated 14th July but published by newspapers yesterday asking Lagos to revert to the old order came berely 24 hours after militants attacked the Atlas Cove oil jetty in Lagos, a development which, curiously, has not merited the president's single word of sympathy. The language was civil but the message was unmistakable: Don't bully me! Follow the rule of law!

In the letter titled: Re: The alteration of the constitutionally recognised local government structure in Lagos State by the state government and its implications for constitutionalism and national unity, Fashola wrote: "Your letter of 14th July 2009 refers.

Mr. President, after declaring a public amnesty with regards to the Niger Delta crisis, which was intended to bring peace to the country and calm frayed nerves in order to set a platform for meaningful development, the receipt of your letter signed barely twenty four (24) hours after an unprovoked attack on Lagos on the 13th July 2009, in which officers and men of the Nigerian Military lost their lives come as a shock to me.

"As Commander-in-Chief your silence in spite of this attack and the timing of this letter heightens my concerns and causes me very deep apprehension about the motives behind the advice on which Your Excellency has acted in this matter and the intent of the entire letter at a time when all levels of Government must be working towards promoting peace and stability."

He then continued: "In specific response to the issues raised in your letter under reference it is perhaps proper to start with a reminder that the decision of the Lagos State Government to conduct elections on 11th October 2008 into 20 Local Government Councils and 37 Local Council Development Areas was based on Laws validly enacted by the Lagos State House of Assembly pursuant to its legislative competence under the Constitution. The Laws under which the Local Council Development Areas were created and under which the elections were conducted are as follows:

(i) The Creation of Local Government Areas Law No. 5 2002;

(ii) The Creation of New Local (Amendment) Law No. 15 at 2004;

(iii) The Creation of New Local Government (Amendment) (No.2) Law of 2005: and

(iv) The Lagos State Independent Electoral Commission Law 2008.

The decision of the Supreme Court noted in Your Excellency's letter in the case of Attorney General of Lagos State v. Attorney General of the Federation (2005) 2 WRN 1 affirms the validity of two of the laws mentioned above namely the Creation of Local Government Areas Law No.5 2002 and the Creation of New Local Government Areas (Amendment) law 2004.

In the judgment delivered by Uwais CJN, as he then was the Supreme Court held that: "Having read all the provisions of the Constitution aforementioned I am satisfied that the House of Assembly of Lagos State has the right to pass the creation of Local Government Areas (Amendment) Law 2004" See AG Lagos v. AG Federation & Ors.

His Lordship further noted that:

", the Laws are valid but inchoate until the necessary steps as provided by the Constitution are taken by the National Assembly"

This position is also supported by the judgment of Iguh JSC when his Lordship held that:

"I have therefore no difficulty in coming to the conclusion that the Lagos State Government's Law No.5 of 2002 is unquestionably constitutional and having complied with the provision of sections 7(1) and 8(3) of the Constitution." see AG Lagos v. AG Federation & Ors.

Consequently there is no conflict between the Laws under which the new Local Council Development Areas were created and the Constitution of the Federal Republic of Nigeria."

Fashola said: "I therefore cannot agree with the advice that you have been given that the decision of the High Court in Chief Taiwo Joseph Tovi-Hungevu v. Abraham D. Ogabi Ors in anyway suggests that the Creation of local Government Areas law No.5 2002 and the Creation of New local Government Areas (Amendment) law 2004 are null or void in effect.

It follows that the renamed Local Council Development Areas cannot be referred to as illegal administrative bodies having been validly created under Lows enacted by the Lagos State House of Assembly, which the Supreme Court has pronounced as validly mode Laws.

Indeed the Supreme Court NEVER declared them illegal.

"It is curious and worrying that Your Excellency has elected to act on advice suggesting that a lower court can pronounce as illegal what the Supreme Court has declared to be valid. This is a grove threat to the long established hierarchy at our Courts and our judicial system, and is not the rule of law."

In a tone of finality, the Lagos State governor wrote: "As the head of a State Government that is committed to the highest standards of Constitutionalism and legality, I regret that I am unable to accede to your request to alter the current status quo by stopping the operation of the 37 Local Council Development Areas.

It would require me as head of the Executive arm of the State Government to alter the provisions of on existing and valid law made by the Lagos State House of Assembly."

"Your Excellency, I must reiterate that the Lagos State Government pursuant to Section 8 of the Constitution had forwarded returns of the necessary processes relating to the creation of the new Local Government Councils to the National Assembly to enable it make consequential amendments to the first schedule of the Constitution.

While we await the National Assembly's discharge of its responsibility. The doctrine of separation of powers requires that each arm of government should be allowed to operate without interference from any other arm of government.

It will be pre-emptive for the Executive arm of Government to take any' position that would prejudice the exercise of the power of the Legislature to discharge its responsibility, when there is no competent challenge to the validity of the Laws passed by the Lagos State House of Assembly that can in any way affect the administrative entities created there under.

And specifically referring to the suggestion in Yar'Adua's letter that keeping the LCDAs would be dangerous to the polity, Fashola said: "Respectfully and contrary to Your Excellency's assertions, I must caution that any steps taken outside the due process at the law by the Nation's Executive against a sub - national government such as Lagos State in this matter will pose a grave threat to constitutionalism, our democracy and good governance, because it will amount to a usurpation of constitutionally guaranteed State autonomy and a violation of the Constitution. .

An unavoidable fact is that the legal advice you have received seems to be rooted in disparate (I believe patently wrong) interpretation of the decision of the Supreme Court referred to above. While the actions of the Lagos State Government have been dictated by our belief that the decision supports the actions that we have taken, the Federal Government apparently has a contrary view.

As Your Excellency is aware, the interpretation of Laws is the constitutional preserve of the Judiciary. Where parties are in genuine controversy as to the legality of an action, the rightful course is to approach the Judiciary to seek authoritative pronouncement on the legality of disputed actions.

Permit me to draw your attention to the advice of the Supreme Court in Attorney General of Lagos State v, Attorney General of the Federation as follows:

"If the Federal Government felt aggrieved by Lagos State creating more local governments, the best solution is to seek redress in a court of law, without resorting to self help, in a society where the rule of law prevails self help is not available to the executive or any arm of government."

In conclusion: "I respectfully urge your Excellency to reappraise the advice given on this matter.

In a constitutional democracy, the Federal Government does not enjoy the prerogative of compelling a state entity to conform with its will - however well-conceived - except where that will conforms with the law.

The Federal and State Governments are autonomous entities within the sphere of authority and competence vested in each Government under the Constitution. In Attorney General of Lagos State v. Attorney General of the Federation & 35 Ors (2003) 35 WRN 1 Uwaifo JSC stated as follows:

"But I do not need to repeat that Nigeria operates a federal system of government. Section 2(2) of the 1999 Constitution reenacts the doctrine of federalism. This ensures the autonomy of each government. None of the governments is subordinate to each other. This is particularly of relevance between the State Governments and the Federal Government, each being, as said by Nwabueze In his book. The Presidential Constitution of Nigeria, page 39-42, an autonomous entity in the sense of being able to exercise its own will in the conduct of its affairs within the Constitution free from direction by another government."

Should your Excellency take further and alternative legal advice as I respectfully urge that you now do; you will find that where any party, particularly the Federal Government is of the opinion that the Lagos State Government has acted contrary to the decision of the Supreme Court, it should follow the procedure for the enforcement of that judgment as stipulated by the rules of court and certainly not to employing the use of Federal organs of state to preserve the authority of the Federal Government" as stated in your letter. This is the practice that will be consistent with the Rule of Law.

Finally, said Fashola: "At this time when our economy is challenged and our people are expectant and looking up to us for leadership and direction, our Country can do without a political or constitutional crises over a matter which constitutionally and demonstrably constitutes no threat to our Nation.

To persist as Your Excellency threatens in your letter will suggest that this is a deliberate political crisis and not one of necessity.

However let me continue to assure you of my unwavering commitment to constitutionalism and the due process of the Law; you will find that my office and the Government of Lagos state will remain willing partners in development and amicable resolution of disputes when called upon."

Yesterday's response from Fashola was the second time in about 72 hours when governors would disagree openly wiith the President. The South-South governors of Rivers, Delta, Edo, Cross River, on behalf of others in the South-South had early last Friday morning issued warnings to the President that they would pull out of the amnesty deal wiith militants if some criitical grievances were not addressedd. All the grievances had injustice by the Federal Government against the states as their theme.

And yesterday, the press published a letter by Yar'Adua threatening sanctions against Lagos State if it would not cancel its 37 local council development areas. A letter to which Fashola has now responded with legal arguments backing the state government.

Is he going to draft the army or the Police to seal up the Secretariats or level the Development Areas just as he did to Gbaramatu Kingdom?

The new political football?

This promises to be interesting and it appears Yar Adua is ready to get his fingers burnt thoroughly. This will eventually end in the courts and it will be interesting to see how the Supreme Court will handle it. Was it not this case OBJ's government took to the Supreme Court for further interpretation and the government was told that the judgement was written in english?

How can a president be issuing a threat to a state in a democracy? Makes me feel OBJ is still in power. Where then is the rule of law that this government claimed was its singular achievement when celebrating a year in office? This man they call president will get himself thoroughly rubbished by Lagos if he continues with this ignominous path that it has chosen.

What a pity!! A president that has failed in all endeavours now want to take on Lagos. Has he finished working on all our roads? Has he fixed electricity even after promising a declaration of emergency within 100 days in power and now its over two years without such declaration? What about ASUU and the university education? Niger Delta? Electoral reforms? Economy? To Mr. President, the issue of Lagos' 37 LGs are more important than the ones mentioned above.

If not for the fact that he is the president of my country, I would have asked him to go get a life!

Who does Yaradua think he is to be bossing Fashola around? In case he hasn't realized Fashola's administration in Lagos is more popular and legitimate than Yaradua's governance in Nigeria. ASUU is still on strike that issue have not been addressed yet. What is his problem self afterall they are not asking him for funds. Warn Yaradua o I will become angry with him ooo. In fact I dey vex

Yaraslow is a clown. Forgive him Lord for he know not what his's doin

Yar'adull is a gambler.
He knows nothing about gorvernance.
Fashola is by far popular than his wuruwuru govt.
He can go visit his doctors again in Germany.
Because he seems "sicker" than a sickler.
Probably, his sickness had meandered into his cerebral.
Aro should be preparing to host Yaradull if they are not on strike.

This man that calls himself "President" is just a hopeless slowpoke. .

Where was he when his military brothers were carving and creating absolutely useless LG's in the north.

I heard EFCC and ICPC are being called upon to somehow resolve this issue

I did not know LGA issues were also in their jurisdiction

It is not possible, we lagosians are cool people, but we will show Yar dua that we are worse than MEND+JOMO GBOMO+JTF+all other militants if he or PDP tries anything stupid, Nigeria which is lagos will turn to Zimbabwe. Yar dua be WARNED!

there is a speculation that, cause people are complaining of the slow pace at wish Mr Yaraslow is running is administration compare to the the giant stride of our boss the big SAN,that is why he is bringing this malicious revert.

Ive said in this forum that we have a sick president with misplaced priority. wetin concern agbero wt overload? fashola no complain. 4 months unending OBJ did not release funds to Lagos during tinubu's era, yet is still survived. Y d mallam dey fool im self? Issues wey need urgent attn no bother am na eko LGA. Abeg make we ask if na part of d 7 point agenda? Hearing dis man alone makes me puke. he's d most disgusting ruler i've known in recent times. Northerners are d worst rulers dis nation ever had. all dis are diversionary. he has depleted our foreign reserve, borrrowed monies dat we never knew of nor impacted +vely on our lives while hstealing wt all reckless abandon our wealth. OBJ left Aso rock wtout debt lots of money in our foreign reserves, dis COW don squander am finish. E no fit address niger delta issue, na here e wan flex im weak muscle. kai, damburuba, shege mallam. i dagger if i see am 4 u 4 road.
Fashola carry go. eko o ni baje.

just another case of misplaced priorities

look who's talking, his state 67 LGA, highest in Nigeria. the slowpoke should bury his head in shame for the rest of his miserable life.

come to think of it, i've never seen yar'dua, goodluck or Mark commending any of the landmark achievements by Fashola, instead they're giving out ridiculous orders to the most functional and competent leader we've had in years, what the heck is their problem. . . when will they ever address real issues this country is facing.
those PDP monkeys have always been finding ways to find faults with states that are not in the same party with them. . . is this the best they've got against AD. poor attempt. . . real poor.

The motherfucker should go and give ultimatum to his fucking northerner brothers to stop the carnage that they've started again.

Oga yar adua, na wa for you O. u no fit fix anything (light, civil servants salary e.t.c).u dey funble to FASOLA who is busy working. abeg face all the striking workers and get them back to work

are we back to the OBJ-Tinubu saga??

Now i know we have a complete Idiot as president, is Lagos the most important issue now, the Oshodi Apapa Road was not given altimatum o, See

Niger-Delta crises=0,
ASUU,NASU,SSANU=0
PHCN=0,
ROADS=0,
EDUCATION=0,
SECURITY=0
Corruption=A+++

Now he has the guts to pick on the only organised entity in Nigeria? this guy is f**king out of his sick mind!

See what those goats are doing again in the north,(yobe, Bauchi, Kano, Maiduguri)

If there is a way our people can relocate from the north, i think the tiome is now!
And they want Obama to come to Nigeria? Bloody nicumpoos!

Oga fash, if na court please i apply for joinder on this matter

EKO ONI BAJE!!!!!

OBAJE TI!!!

I love all the replies am reading,yaraslow should be on this blog reading all the comments.

guyz i think we should find effective media to respond to abuja's policies

Politics of hate! Suddenly. . .baba go slow has woken up from his slumber!

I really wonder how come the senators can make a move to get rid of this fool

na now the truth commot,e clear say the man no like good thing instead of am to dey learn better thing from person wey do better thing for the toughest state for naija na to day find em trouble.
MR PRESIDENT HOW FAR UR SEVEN POINT AGENDA??
MR FASHOLA DON DO PASS WETIN E PROMISE US OH,
FASHOLA FOR PRESIDENT 2011
make PDP see hoow we in AC run things.

eko oni baje o,

I think Yardua has totally lost focus. Instead of focusing on the socalled 7-point agenda that he promised the electorates and up till now has not been able to deliver a single one, he is chasing ordinary shadow.

Has he forgotten that Lagos is the economy nerve of the country. She can survive with or without Federal allocation. Mr. President is just being envious of the achievement of Lagos state government. He should come on vacation to Lagos and see dividends of democracy at work. If I have not seen democracy at work in Nigeria before at least I can see it in Lagos. Eko oni baje o. Fashola carry go! You are the next president of Nigeria come 2011.

Honestly i can’t tell why the whole system is turning this bad. If a country like Nigeria at this stage is yet to still wake up from her slumbers, i don’t really know what else that may likely happen.

Shame,
Shame and
Big Shame.

For writing that letter alone, i may award the president a very good for nothing score. How can a country like ours, in this height of global competition, when nations are moving speedily upward, ours is a mirage, our president knows it too well that he cant function again as a person, the act of governance is a virtue, leaders are born, they are not made.

Mr. President, let me remind you that you are just a human being, the worst thing that can happen to you is to fail this generation, already you are treading towards that path.

You can see that your nation is falling apart Mr. President, the political, economical and social cultural framework of your governance and regime is absolutely nothing to write home about, do you want Nigeria to be declared a failed state before you sit Mr. President, you and Apostle David Mark including Bankole and your Cabals of Kleptocratic dictators have turned the Nigeria state, my Loving Nigeria to a war front, you have succeeded in harmonizing every effort to send Nigeria to hell.

Mr. President, I pray this letter meets you well with Michael Aaondokan, to your bloody PDP members who are equal to nothing but wicked mercenaries and pilots of iniquity. I am PDP, I love PDP, I am never a fan of Fashola but I love it and appreciate it more when goodwill is appreciated. Fashola should be one of your diving forces aside party differences. Encourage him for he is a governor in your country. Mr. President, you are the worse tribalistic and ethnocentric individual I have ever met.

You have now assumed a position of PORN in the PDP’s political CHASEBOARD. What is the nature of your relationship with the former President Obasanjo, the deadly monster that brought us to where we are today? He has the chance and opportunity of giving Nigeria a future, a credible political phase, economic prosperity and social cultural harmony? But what did he do, he installed you and Goodluck to rain unto my nation, an immeasurable bad luck, you have caused us so much harm that you have so many questions to answer even.

Nature will never forgive you if you continue in this path. Help me tell Apostle David Mark and Archangel Dimeji Bankole that cups will soon be filled up, this judgement may likely start from you all.

Leave FASHOLA ALONE. Face and solve your problem of incompetence, low popularity, inconsistency and eraticism.

I pray for you too, that God will deliver you from the hands of these ugly Monsters.

YOU CAN FOOL US ALL THE TIME and never expect people to believe in something that is extremely unusual.

My eyes are filled with tears as I can stop crying, my nation has been overtaken by men of immorality and iniquity.

God!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

hmmm. na wah o. not a word of commendation to Lagos state govt but tryna run him down
This his 'rule of law' mantra seems to be what is slowing him down.
the SAN is moving stuff, baba go slow is sayin rule of law.
if there was something inherentry flawed about the increased number of LGAs his criticism  would be fine, right now he is just frustrating the efforts of our Governor.
Carry go jare!

Country full with Coward peoples

The reality of Yar'adua being a sitting duck has turn out to be a fact!

the guy called yaraslump is lacking in initiative, that's what it is! the crabbish pull me down syndrome!!
this whole govt contraption sucks,,,,,

I'm sorry but fashola is wrong on this one.
Nigeria is a federation and all federating units must be subject to the constitution and not just state laws.
Lagos state should stick to the 20 Lgas until section 8(5) of the constitution is amended to accomodate the 37 as there is no provision for LCDAs in our constitution right now.
The process 4 the creation as lai moh'd quoted the supreme court is INCOMPLETE. I think they should do more lobbying for the creation in the national assembly to fastrack the amendment instead of wasting the taxpayer's money on lawyers.

I m speechless. Yaradua is developing himself to be the worst president we ever had. He should be careful cos if all Nigerians curse him and wish him death he will go the way of Abacha.
This is why we need true federalism enough of govt enacting polices against other region for his region.