is it even part of the seven point agenda?

yang:

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.

The supreme court never said the LCDA was illegal. The supreme court said the LAW creating the local government was LEGAL. The government has done everything to get LG status and forwarded the bill to the National Assembly. And what you fail to understand is Yar'Adua when he was Governor created LCDA which are still functioning till today. So why is he picking on Lagos state?

As a federation when you have disagreement you go to court. And the Supreme court ruled the laws creating the local government was legal and the state has meet all the requirements but, it needs approval from the National Assembly. As a result the state changed the 37 local governments to LCDA's until the National Assembly passes the bill. So what is the problem? The LCDA's do not collect money from the federal government, they get their money from internal generated revenue.

This is what i call the height of idleness of the President of the Federal Republic of Nigeria,cos if the old man is busy he wouldn't have had time to meddle in the affairs of Lagos State Government.And if i may ask, is Fashola's government asking the federal government to increase its allocation so as to accommodate the other 37 local governments? Is Lagos state government not generating enough revenue to take care of these other local governments? , someone should please inform the president that their are more pressing issues like the ASUU strike, Security,electtricity etc to tackle and not to go about issuing ultimatum.

Who said Lagos is not in the fore-front in the pursuit of true federalism? Once the success comes here, then the government will be forced to spend more on the people instead of greasing palms. Yar'apunk chose the wrong governor to pick on. For the love of mike, there is no electricity, all federal roads are bad and almost everyone wants to go on strike! Haba! Mr. President, stop spoiling your bad name!

@naijatoday
the process spelled out by the constitution is still incomplete and until section 8(5) is amended by the national assenbly the LCDAs functioning as LGAs remain ILLEGAL.
AC with lagos electoral comission carried out elections into the 37LCDAs on october 11 last yr n that is a clear breach of the constitution.
I don't know better, but in the letter FG accuses lagos state govt of diverting funds meant for the LGAs to the illegal LCDAs and that is an allegation i think the finance ministry can prove using the acct statements of the joint account.
Until lagos decides not to play the spoilt child,reach out to the Nat Assembly (because everybody knows the strategic importance of lagos) this problem will keep recurring and we will keep making the lawyers richer

long live LAGOS, long live NIGERIA, irrespective of president's plan.
FA FA FAshola FASHY them.
Eko o ni baje

yang:

@naijatoday
the process spelled out by the constitution is still incomplete and until section 8(5) is amended by the national assenbly the LCDAs functioning as LGAs remain ILLEGAL.
AC with lagos electoral comission carried out elections into the 37LCDAs on october 11 last yr n that is a clear breach of the constitution.
I don't know better, but in the letter FG accuses lagos state govt of diverting funds meant for the LGAs to the illegal LCDAs and that is an allegation i think the finance ministry can prove using the acct statements of the joint account.
Until lagos decides not to play the spoilt child,reach out to the Nat Assembly (because everybody knows the strategic importance of lagos) this problem will keep recurring and we will keep making the lawyers richer

Who said the LCDA is functioning as LGA's ? they do not collect allocation from the federal government. The supreme court ruled that the laws passed by the state house of assembly was LEGAL. That means they are allowed to have elections just like the law passed by the state assembly claims. What the supreme court said was not complete was for this LCDA's to be recognized as LG, until the National Assembly amends the law.

As for the accusation concerning money, the federal governemnt should prove it. Since the federal governemt recognizes only 20 local government, are you saying the local governemnt cannot use the money in areas marked as LCDA's since it still under its juridication.

AC already said the LCDA's get their money from Internal Generated revenue and from the state government. If the federal governemnt can prove, it should take Lagos state to court, rather than using threats.

Why is Yar'dua not going after his own state, yobe, nassarwa that have LCDA's ?  

Just like the lagos state government said, the federal government should go to court and stop acting like a stupid parent .

And for the National Assembly why do you think they have thrown the bill to the side? because that will mean the North which is creating 44 local government for a state not the size of Lagos population will be short changed in its allocation,and the Assembly is controlled by PDP.

Why did Yar'Adua release the money when he came into power, if he felt the state government was wrong? Why did Obasanjo release part of the fund after the Supreme court ruled, if he felt the Lagos state was wrong and the supreme court ruled in its favour?

Do you know how many states keep local government funds for the state rather than release it to the LG? You read the papers and here of how LG chairmen are complaining about state's cutting their allocation. Why is the federal government not going after them?

Yaradua  will cause his own downfall if he dare try to stop Lagos state wheels of progress. If PDP and Yaradua make OPC join MEND on emancipation of Nigerians, the country will not last a day.

Mr President should let the sleeping dogs lie.

Dear Mr President, If (as a chemistry lecturer, who doesn't know about law) you can not understand Gov. Fashola reply  letter  make sure you let your legal advisers read it to you properly in Hausa language because if you try to do anything to punish Lagos state- like witholding its allocation funds, OPC will see this as an attack on Yoruba and fight back. Obasanjo got away with it because he is a Yoruba (or mixed race Yoruba/Igbo), but we will not let you get away with it, unles you want Nigeria to break.

BE WARNED!

OPCman:

Yaradua will cause his own downfall if he dare try to stop Lagos state wheels of progress. If PDP and Yaradua make OPC join MEND on emancipation of Nigerians, the country will not last a day.

Mr President should let the sleeping dogs lie.

Dear Mr President, If (as a chemistry lecturer, who doesn't know about law) you can not understand Gov. Fashola reply letter make sure you let your legal advisers read it to you properly in Hausa language because if you try to do anything to punish Lagos state- like witholding its allocation funds, OPC will see this as an attack on Yoruba and fight back. Obasanjo got away with it because he is a Yoruba (or mixed race Yoruba/Igbo), but we will not let you get away with it, unles you want Nigeria to break.

BE WARNED!

Sharraap.

Pls let us not wish our president death o. Afterall, half bread is better than none.

Has Yara Dull been examined for high fever,coz high fever can make a man say or do stupid things

I think that this is all about 2011 elections. The build up began a few weeks ago. The expansion of the road to Okoko Maiko was almost stalled by the Federal Govt a few weeks ago  when the FG was reported in the papers to have been planning a contract for teh same road months after it was common knowledge that a train line was being planned on it. Mind you, the train project wil be commissioned in 2011. The Hawks in YarAdua's govt must be on his neck to ruffle Lagos up a bit as 2011 approaches. The whole aim is to make the many developmental projects in Lagos stop. Do not be suprised in the next few weeks that many of the contractors working on Federal roads in Lagos and working  for the state Government  will be told to move away from the FG property  if Lagos refuses to budge.

Obviously, the president is being guided by people who have not taken into consideration the wonderful support that the fashola goverment in Lagos is enjoying. whichever way it is viewed, this will burn the President and PDP's fingers. They are not even doing anything at the centre and they are now haunting the only bright spot in today's political leadership.

Has Yar Adua been examined for high fever,coz high fever can make a man say or do stupid things

rasputinn:

Has Yar Adua been examined for high fever,coz high fever can make a man say or do stupid things

;Drflmao

oge4real:

Pls let us not wish our president death o. Afterall, half bread is better than none.

But sometimes it is better to hope for a replacement piece of bread than take the left over from the mouth of bingo!

naijatoday:

The supreme court never said the LCDA was illegal. The supreme court said the LAW creating the local government was LEGAL. The government has done everything to get LG status and forwarded the bill to the National Assembly. And what you fail to understand is Yar'Adua when he was Governor created LCDA which are still functioning till today. So why is he picking on Lagos state?

As a federation when you have disagreement you go to court. And the Supreme court ruled the laws creating the local government was legal and the state has meet all the requirements but, it needs approval from the National Assembly. As a result the state changed the 37 local governments to LCDA's until the National Assembly passes the bill. So what is the problem? The LCDA's do not collect money from the federal government, they get their money from internal generated revenue.

You need to read more about Law before you can conclude that Fasola is wrong. The fact still remains that the Nigeria constitution needs serious modification/amendment and the only way out is if everybody involved seat up. Issue like this is what can bring about the reform everybody is expecting. The northern state instituted sharia law based on the power of autonomy and Lagos use the same autonomy to create  Local Government. The Sharia Law was not reversed and now Federal Government wants Local government reversed. The difference btw the two is one is for religous purpose and the other is to aid development.  Nigeria is by Constitution a secular country and some state are imposing sharia. I expect the National assembly to do stand up to their responsibility and really define what is called NIGERIA. ENOUGH OF POLITICKING

Yaradua has lost confidence in Nigerians.Every corner of the Nation and the world he is hated,but for Fashola he is loved everywhere-Mr.President cant have a battle with him.
---The supreme court said it is not illegal-so why is Yaradua disturbing Fashola?And that came Barely 24 hours after the atlas cove jetty attack.
Although,it is not completed because of Mr.Presidents PDP dominated national assembly have been playing with the constitutional review so lets yaradua wait till after the review before bringing the issue.
His shanky state Katsina has more LGAs than Lagos -considering their polulation-Why is the commander in chief complainig?Trying to distract Fashola?

Yaradua is just jealous simply jealous about Fasholas Effort,because in a free and fair election fashola will out win Yaradua

Yaradua should just call for a Referrendum

yang:

@naijatoday
the process spelled out by the constitution is still incomplete and until section 8(5) is amended by the national assenbly the LCDAs functioning as LGAs remain ILLEGAL.
AC with lagos electoral comission carried out elections into the 37LCDAs on october 11 last yr n that is a clear breach of the constitution.
I don't know better, but in the letter FG accuses lagos state govt of diverting funds meant for the LGAs to the illegal LCDAs and that is an allegation i think the finance ministry can prove using the acct statements of the joint account.
Until lagos decides not to play the spoilt child,reach out to the Nat Assembly (because everybody knows the strategic importance of lagos) this problem will keep recurring and we will keep making the lawyers richer

Yang, I think you need to study the constitution very well. The creation of local governments is the exclusive responsibilty of the state. The enlistment of the created local governments in the constitution by national assembly is not an act of ''approval''. As the constitution stands today, the national assembly has no right to reject local governments created by any state. The enlistment is a consequential responsibility.

Until the constitution is amended, so be it.

Both Fashola, AC and LASG are wrong on this issue. if there is any common thread that laces both letters , it is the admission that the supreme court ruled that the process of creating new local governments is incomplete without an Act by the National Assembly ammending PART 1 of the FIRST shedule of the 1999 constitution to accomodate such newly created Lga's. There is no halfway measure. until the National Assembly performs its consequential role, the process of creating new LGA''s cannot by any stretch of law be deemed to be completed. The constitution does not recognise the entities referred to as LCDAS. there is nothing like onigbongbo LCDA listed in the first shedule to the 1999 constitution.The ensuing debate is unnecessary and diversionary . Yar'Adua didnt need to issue ultimatums for the enforcement of a clear court order. The AGF should set the machinery in motion for an immediate compliance to the apex court's order. A govt that observes the rule of law should not be seen exchanging words in public with a recalcitrant federating unit.

dedeike:

Both Fashola, AC and LASG are wrong on this issue. if there is any common thread that laces both letters , it is the admission that the supreme court ruled that the process of creating new local governments is incomplete without an Act by the National Assembly ammending PART 1 of the FIRST shedule of the 1999 constitution to accomodate such newly created Lga's. There is no halfway measure. until the National Assembly performs its consequential role, the process of creating new LGA''s cannot by any stretch of law be deemed to be completed. The constitution does not recognise the entities referred to as LCDAS. there is nothing like onigbongbo LCDA listed in the first shedule to the 1999 constitution.The ensuing debate is unnecessary and diversionary . Yar'Adua didnt need to issue ultimatums for the enforcement of a clear court order. The AGF should  set the machinery in motion  for an immediate compliance to the apex court's order. A govt that observes the rule of law should not be seen exchanging words in public with a recalcitrant federating unit.   

The Supreme court never ruled the LG or LCDA was illegal. It said for it to be a LG, it needed national assembly approval. SO the LAGS state named them LCDA. They do not get federal government allocation, they get their money from internal generate revenue.

Let us say your argument is right, what about Kastina, Yobe, Nassarawa? All this states have LCDA currently functioning, so why are they only focusing on Lagos State. The crazy thing is the LCDA in Kastina was created when he was the Governor of the state.

Alright, enough of invectives on Yara-whatever.

Let face reality: What can he do? How will the Government and people of Lagos respond??
1.)Like Obasanjo, he can maliciously with-hold allocation due to the state

Response: The LSG will go back to court and he would be ordered to release the fund, as an enforcement of an earlier Supreme Court judgment. If he does not, Lagos will still thrive, Lagosians will "sacrifice" and pay more tax and put him to shame, and the country will loose its authority over Lagos in due course!

2.) He may (try) to use the authorities like EFCC, C-of-Conduct Bureau, e.t.c to stir-up dust in form of some financial challenge!

Response: LASG will go tow--2-tow with him, he will deflect attention away from his comatose performance and waste the nations resources, at the end of day, its all ruse and he cant do jack.

3.)Finally, lets assume the unthinkable (since nothing is impossible in a situation of insanity!), He may order military action against Lagos!

Response: Of-course, we will all be happy since that would mean a very quick end to this contraption called Nigeria and he would be held responsible for it.
No one will get high marks if you predict that it will no longer be a fight between Lagos and F.G, it will quickly balloon and this "fragile association" would simply breakdown - MEND would seize the opportunity, simmering Biafra would erupt, OPC would bare its fangs (and AREWA can join the 'Nigerian' Army if it wants) so everyone would simply declare its own Republic!
At a point, even the Military would stop obeying his orders, (go and ask Ex-President Zaleya of Houduras!) and he is "caput", as we say

Maybe those the Gods are about to destroy, they first make them dumb and deaf?

Lagos is not Odi, neither is it Gbamaturu!

Yara-something may actually be a blessing in disguise, who knows?

I hate to use a "foul word" on the President of my country but if the U.S govt predicted, a few years back, that Nigeria would fail within 15yrs, I doubt if they had "Yara-sick" in mind!

What single achievement does this guy have, in the last 2years in power? Who does he even think he is?

As we speak, over 50 have been killed in Bauchi!
Imagine, threatening a whole state govt? Does he think he is threatening a band of Militant?

Enough of this Rubbish called Pres-i-dent.

Lastpage

this umaru should leave lagos alone and govern naija right, imagine after 2 years of stagnancy and backwardness, he wants to look for trouble with the best governor in nigeria.

yang:

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.

Yang , I hope you know that Nigeria's top lawyers , to include those who are experts on our constitution, are all queeing up to validate and supports Fashola's position ? I am one of those who has argued in the past that it is only a question of time before insecure Yar Adua becomes totally uneasy with a man who is regarded as far more Presidential in performance and demeanour than he is !!!!

This is merely an attempt by an incompetent and impotent President to cut a rising Star (Fashola) down to size before he becomes too popular and unstoppable. We have read from many experts and it seems clear they all endorse Fashola's views i.e the supreme Court recognises the validity of the LCDA's created but accedes that ultimate legal validation must come from the national assembly.

Many legal experts further aver that Yar Adua , if aggrieved with the current situation in Lagos , can only seek redress in court rather than use supreme executive power in resorting to self-help . UMY has no business writing a bellicose and pugnaciously ill-advised threatening letter to one of the few shining lights in Nigeria .

Common sense, patriotism and a love of Nigeria dictates that Yar Adua must works with rather than ostracize and alienate Fashola - even if they are from different political parties !!!

Yar Adua is silent about the Atlas Cove attack , the fundamentalist riots causing many Nigerians lives throughout Northern Nigeria currently , and many more pressing national issue yet we are supposed to believe that UMY's intentions are nationalistic when he takes on a proven performer with what is at best a biased and uninformed interpretation of the Supreme Court Judgement!!!! With this letter , this President is validating the accusations ,  by his childhood friends, that he is threatened by performers. he is said to despise achievers enough to interfere by openly working against them. It is a shame that Nigeria has now got so bad that this divisive and childishly vengeful man is the best we can do as our number 1 citizen.

http://www.vanguardngr.com/2009/07/28/lgs-council-workers-back-fashola-against-yaradua/comment-page-1/#comment-24095

Reacting to the latest development, President of Nigeria Bar Association, Mr Rotimi Akeredolu (SAN), told Vanguard in a telephone chat that, “We have different levels of government. We have the local, state and federal levels of government. If the Federal Government believes there is infraction against any aspect of the Constitution it should go to court.”

Also speaking, constitutional lawyer, Professor Itse Sagay, said that “the constitutsion is clear in Section 7 that a state is exclusively in charge of its local government and the Federal Government has no role. The state government is authorised to organise itself, internally, and create such sub-units for the better administration and development of the state.”

In his own reaction Professor Oyebode of the Faculty of Law, University of Lagos advised President Yar’Adua not to endanger the nation’s democracy by engaging the Lagos State Government in an unnecessary dispute.

it is a pity that our so called LEADERS are not leading us in the right way from the Federal Level and instead of them to COPY, LEARN, FOLLOW SUIT, SEEK 4 ADVICE and VALUE their junior counterpart that are marvelously doing fantastic jobs that benefit the lives of those that they are leading and write their names in the book with Gold pen while thy are still living and at work (Living Legend) they are looking for a way to cover their shame by bringing up unnecessary, inequitable and unjustification arguement that pronounce them to NON-NETTIE'S on the seat they are seating as whatever name you assigned to them.

Also this act is just a show of FEAR based on the fact that AC is undercapeting the PDP in governance which is a clear indication that the country will definitely turn towards AC'S ARROW OF PROGRESS, come year 2011 both in the State Nada Federal Level Elections.

Barrister Fashola, God bless you for your brave respond to Mr. President, you sometimes some leaders can become a wheel chair that can be pushed around/talk out of focus by his castor wheels which can be regarded to as his Advisers.

Again , i think it is pertinent to mention that ASHIWAJU BOLA AHMED TINUBU is in deed a good leader with a forsite and good vision to have known who can be so capable of the trolley he is leaving behind to push ahead the good plans for the masses.

EKO O NI BAJE, EKO BAJE TI LAGBARA OLORUN. AMIN.

Why the hell do we need to have state lg's listed in a federal constitution in the first place, please enlighten me

First to all who say Fashola is wrong on this one based on the supreme court declaring the LCDAs incomplete, my response is that if the supreme court felt the LCDAs were illegal, it would have declared them as such and issued an order to stop their operation as the FG sought in the suit. However, this is not the case, the supreme court said the process used by Lagos State in creating the LCDAs was LEGAL, but incomplete. Therefore as far as the creation of the LCDAs go, they can continue to exist. Furthermore, even if the FG does not agree with this, and feel federal money is been s pent illegaly, they need to seek redress IN COURT AS PER THE RULE OF LAW! Not go around like a spoilt kid issuing empty threats.
Second, I used to defend Yardua b4, but in recent times, I have completely lost all belief or hope in his ability to do good for this country. He is morally, intellectualy, charismatically, physically deficient and absolutely unable to instigate positive change in this country. I really hopes he leaves the office soon by any means possible.

May God save us, not again please.

There is no amount of grammar or the sloganneering of Eko oni baje ooo that will wish away the express provisions of section 8(3)(5)(6) of 1999 constitution which requires the national assembly to enact a constitutional amendment Act  making consequential provisions for the names and headquarters of the new LGAs in part 1 and II of the first schedule to the 1999 constitution. The earlier Fashola comes to terms with this fact, the better for Lagosians.

lastpage:

Alright, enough of invectives on Yara-whatever.

Let face reality: What can he do? How will the Government and people of Lagos respond??
1.)Like Obasanjo, he can maliciously with-hold allocation due to the state

Response: The LSG will go back to court and he would be ordered to release the fund, as an enforcement of an earlier Supreme Court judgment. If he does not, Lagos will still thrive, Lagosians will "sacrifice" and pay more tax and put him to shame, and the country will loose its authority over Lagos in due course!

2.) He may (try) to use the authorities like EFCC, C-of-Conduct Bureau, e.t.c to stir-up dust in form of some financial challenge!

Response: LASG will go tow--2-tow with him, he will deflect attention away from his comatose performance and waste the nations resources, at the end of day, its all ruse and he cant do jack.

3.)Finally, lets assume the unthinkable (since nothing is impossible in a situation of insanity!), He may order military action against Lagos!

Response: Of-course, we will all be happy since that would mean a very quick end to this contraption called Nigeria and he would be held responsible for it.
No one will get high marks if you predict that it will no longer be a fight between Lagos and F.G, it will quickly balloon and this "fragile association" would simply breakdown - MEND would seize the opportunity, simmering Biafra would erupt, OPC would bare its fangs (and AREWA can join the 'Nigerian' Army if it wants) so everyone would simply declare its own Republic!
At a point, even the Military would stop obeying his orders, (go and ask Ex-President Zaleya of Houduras!) and he is "caput", as we say

Maybe those the Gods are about to destroy, they first make them dumb and deaf?

Lagos is not Odi, neither is it Gbamaturu!

Yara-something may actually be a blessing in disguise, who knows?

I hate to use a "foul word" on the President of my country but if the U.S govt predicted, a few years back, that Nigeria would fail within 15yrs, I doubt if they had "Yara-sick" in mind!

What single achievement does this guy have, in the last 2years in power? Who does he even think he is?

As we speak, over 50 have been killed in Bauchi!
Imagine, threatening a whole state govt? Does he think he is threatening a band of Militant?

Enough of this Rubbish called Pres-i-dent.

Lastpage

Really 9ice 1 up there.

and will some1 plz find a way to feed this thread into Yaradua's decaying brain?

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.

lets join hands 2gether and turn this country around for better, dont be an hypocrite, we are talking about a model governor here, and a president that has nothing to show as achievement yet.

dedeike:

There is no amount of grammar or the sloganneering of Eko oni baje ooo that will wish away the express provisions of section 8(3)(5)(6) of 1999 constitution which requires the national assembly to enact a constitutional amendment Act  making consequential provisions for the names and headquarters of the new LGAs in part 1 and II of the first schedule to the 1999 constitution. The earlier Fashola comes to terms with this fact, the better for Lagosians.

Strange how you have something to say on how Fashola must come to term with the provisions of the constitution but you see nothing wrong with how your President arrogates upon himselfs the supreme authority to bellicosely declare his own position as correct when , at best , Yar Adua is standing on dubious legal grounds as per the Supreme Court rulings.

All Nigerians should focus on the motives behind  Yar Adua premature threats of "grave consequences" against a State Governor over a matter that should ordinarily not concern the FG when all other avenues to resolve issues amicably have not been exhausted !!!!

This , same as the Ekiti sham , is politics tied to 2011 . Pure and simple !!!! Tinubu is gaining credibility as the spiritual leader of the South-West region. His greatest gift to Nigeria (Fashola)  has not gone unnoticed by the enemies of Nigeria's progress to include Yar Adua and the PDP. To Neuter Fashola and impede his development of Lagos state is to effectively curb the growing influence of Tinubu in South-West politics which , from all indications ,  is now gearing up for a post-OBJ defiance of the PDP come 2011.

This is all part of the PDP's attempt to frustrate and belittle an opposition Politician who is performing well to the acclaims of Nigerians so that it can rig its own non-performers like Yar Adua back into office.