Yara is a dissapointment. I can see the idiot is gearing up for 2011 instead of focusing on more pertininent issues.

I just hope this country will not implode in 2011.

I support the President. No state is above the law, any state that breaks the constitution should be slammed with a charge for treason, noone is above the law, be it state or individual, this is not about the President performing or not, its about nothing which is contrary to the rule of law be allowed to thrive.

which law you dey yarn? I guess the supreme courts decision flew over your head.

“We are not under any illusion of the intent of Yar’Adua and his PDP on Lagos and we assure them that Lagos remains that bastion that will certainly not be conquered by the neo-colonialist. Even as Yar’Adua would sustain the law that allows Kano, which realistically has less population than the old Alimosho Local council in Lagos to have 44 local councils and Lagos to have only 20 local councils, we want to let him know that he is embarking in a political exercise in futility and should better direct his attention to the simmering ship of state, which Nigeria has become under his perilous leadership.”


Joe Igbokwe.

Publicity Secretary,

Lagos AC.



To me the above is the hypocrisy called  YAR A'CLUELESS who tals about RUSS OF LAW and due process and not compare oranges to oranges, and use that in making utterances and recommendation.

The North can continue to lie, LAGOS  is certainly BIGGER in population than KANO, and surely since the matter has been adjudicated by the supreme court, that takes the authority of National assembly if they failed or delayed for Political reasons of LAGOS not been a an APDP state. OBJ did that for the last 8 years and YAR A'LIAR want to continue that policies.

Local government is created from population, and using the recent census, Lagos should be allowed to with the appropriate approval allow to continue with more local govt.

walakolobo:

I support the President. No state is above the law, any state that breaks the constitution should be slammed with a charge for treason, noone is above the law, be it state or individual, this is not about the President performing or not, its about nothing which is contrary to the rule of law be allowed to thrive.

Are you serious? The supreme court never said the Local government was illegal, it said the laws creating the local government was legal, but the state needed approval from the national assembly for it to be complete. That is why the lagos state government changed them from Local government to Local Council Development Areas.

This is all about politics, PDP wants lagos state at all cost, and the work fashola is doing is not helping matters.

Councils: Fashola Replies Yar’Adua, Queries Motive

Governor Babatunde Fashola (SAN) of Lagos has questioned the motives behind President Umaru Musa Yar’Adua’s threat letter over the state’s 37 Local Council Development Areas (LCDAs) and maintained that the Supreme Court never declared the councils illegal.
[b]
Yar’Adua’s memo, dated July 14, 2009 and published by some national newspapers yesterday, has also come under scathing criticism from the Action Congress (AC) and Conference of Nigerian Political Parties (CNPP).

Yar’Adua had asked the Lagos State government to revert to the constitutionally recognised 20 councils by tomorrow, threatening to “direct that necessary action be taken by the relevant organs of state to defend the constitution and preserve the authority of the Federal Government”.
In his reply, dated July 17, 2009, Fashola wondered why Yar’Adua did not sympathise with Lagos State over the Atlas Cove attack, even though it took place a day before the President wrote his letter.

“Your silence,” he wrote, “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.”

Fashola listed four laws under which the October 11, 2008 elections were conducted into the 57 councils, namely: The Creation of Local Government Areas Law No. 5 2002; The Creation of New Local Government Areas (Amendment) Law No. 15 of 2004; The Creation of New Local Government Areas (Amendment) (No. 2) Law No. 15 of 2005; and The Lagos State Independent Electoral Commission Law 2008.

He said the case of Attorney General of Lagos State v Attorney General of the Federation [2005] 2 WRN 1 which was quoted by the President to justify his opposition actually affirmed the validity of the two laws: The Creation of New Local Government Areas (Amendment) Law No. 15 of 2004; and The Creation of New Local Government Areas (Amendment) (No. 2) Law No. 15 of 2005.

Quoting Justice Muhammadu Uwais’ judgment which affirmed the right of Lagos to create councils, Fashola noted that the former Chief Justice of the Federation said the laws were valid but “inchoate” until the necessary steps as provided by the Constitution were taken by the National Assembly.
The Lagos governor also quoted Supreme Court Justice Iguh who declared that the creation of councils was “unquestionably constitutional”.

Fashola said he disagreed with the advice given to the President to the effect that the decision of the High Court in Chief Taiwo Joseph Tovi-Hungevu v Abraham O. Ogabi suggests that the 2002 and 2004 council creation laws were null or void.

He also said he found it “curious and worrying” that the President chose to act on an advice that a lower court could pronounce illegal what the Supreme Court had declared valid.

Insisting that the Supreme Court never declared the councils illegal, Fashola 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 an existing and valid law made by the Lagos State House of Assembly.”

He said the state government had already forwarded returns of the necessary processes relating to the creation of the new LCDAs to the National Assembly for necessary action and would not interfere with how the federal lawmakers do their work.

He urged the President not to cause a deliberate political crisis through threat and “self-help”, maintaining that by law, it is only the judiciary that can interpret the laws and controversies should be referred to that arm of government for “authoritative pronouncement”.[/b]

The controversy over the creation of the LCDAs by the former administration of Asiwaju Bola Tinubu had pitched the state against the Olusegun Obasanjo government, leading to the withholding of the council funds due to the state by Obasanjo, although Yar’Adua released the seized funds as soon as he assumed office in 2007.

Fashola’s party, AC, in its reaction to Yar’Adua’s threat, accused the Federal Government of attempting to distract Lagos State from its development efforts and divert attention from Federal Government’s failures at all levels.

According to a statement by the party’s National Publicity Secretary, Alhaji Lai Mohammed, the party said it could not fathom why Yar'Adua would write a letter to Fashola asking him to revert to the 20 local governments or face dire consequences.

The party said: “The only reason we can think of right now for this shocking threat and totally unwarranted throwback to Obasanjo's lawless and anarchic era is that the PDP is envious and the FG is embarrassed at the success of the AC-led government in Lagos, hence both are looking for ways to throw spanner in the works.

“We also wonder how, as President Yar'Adua wrote in his ill-advised letter, the creation of what for now remains purely administrative areas to quicken the pace of development at the grassroots could trigger a breakdown of law and order. Is the President saying the recent crises in such states as Bauchi and Plateau were also triggered by the creation of local councils? Can the President pretend not to know that Lagos is the foremost state when it comes to ensuring development, security and peace?''

The party said if indeed Yar'Adua believed in the rule of law as he had always trumpeted, he would go back to the Supreme Court to seek further clarification on the issue instead of resorting to “self help”.

“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 had 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 FG. What then is the fuss about? Is this the strategy of the hawks in the PDP to try to hijack Lagos in the next elections?” AC asked.
It described President Yar'Adua's letter as a tactical error and a disingenuous move to divert attention from the massive problems besetting his government and over which it had no clue.

“For a country where power generation is perhaps at all-time low; where the state of social infrastructure has gone beyond decay; where the Niger Delta crisis is threatening the nation's very own existence; where many more go to bed hungry at night than even in countries at war and where hope seems to be dimming by the day, should the issue of local council creation attract this kind of attention from the President?” AC further queried.
The party said in case Yar'Adua was not aware, even governors in his party had been hailing the pace of development efforts in Lagos State and putting partisanship aside to learn a thing or two from the state.

“Many are seeking to emulate Fashola's original idea of enhancing security, ensuring peaceful co-existence among people of all ethnic backgrounds residing in his state and easing the seemingly-intractable transportation problem,” the party said.

It said the state, which had enjoyed unbroken development in the past 10 years of the nation's democracy, is now being showcased around the world, especially by the international media, as an oasis of development in Nigeria's desert land of mis-governance and anarchy.

“Why would any leader want to take an action that could arrest development in such a showpiece state? Is this move a taste of things to come as we move closer to 2011? Nigerians will surely be watching with keen interest what will happen in the days ahead!” AC said.

Also, the coalition of opposition political parties, CNPP, accused the Federal Government of imbibing the “distractive politics” of Obasanjo as Lagos is not the only state that created development areas.

Speaking with THISDAY, CNPP National Publicity Secretary, Osita Okechukwu, accused the Federal Government of hidden agenda, saying: “What the Lagos State government is doing is to bring development closer to the people. So what is wrong with it? Why the threat of dire consequences.

“Why target Lagos State? Is the state the only one with development areas? There are many states with such development areas. It is all about bringing development to the people. And I can tell you this is working in Lagos. The Federal Government should encourage Governor Fashola, than to distract him.”

The creation of the 37 LCDAs in 2004 sparked off a controversy. The Supreme Court declared that the Federal Government had no powers to withhold funds due to councils in Lagos State and also declared that while the state was right in creating councils, they could not be operated until they were listed in the Constitution by the National Assembly.

The pronouncement on the matter has been subject to various interpretations since then, although the Lagos State government eventually converted the new councils to LCDAs.

http://www.thisdayonline.com/nview.php?id=149877

Yar adua got schooled by Fashola. Fashola is the real SAN with brass balls.



[b]
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.

Respectfully and contrary to Your Excellency’s assertions, I must caution that any steps taken outside the due process of the law by the Nations’ 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.

“the Federal Government felt aggrieved by Lagos State creating more loco’ 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”
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:

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

“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 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 Low.
Finally, Your Excellency, 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 La.gos state will remain Willing partners in development and amicable resolution of disputes when called upon.
Your Excellency, please accept my best wishes and sincere compliments.
Babatunde Raji Fashola, SAN Governor of Lagos State[/b]

lol, the end is really good

Your Excellency, please accept my best wishes and sincere compliments.

37 LCDAs CONTROVERSY: EFCC, ICPC to storm Lagos

ANTI-GRAFT agencies -the Economic and Financial Crimes Commission (EFCC) and the Independent Corrupt Practices and Other Related Offences Commission (ICPC) - may be the guests, of the Lagos State Government any time from tomorrow.

The agencies are to storm the state at the expiration of the 14-day ultimatum given by President Umaru Musa Yar'Adua to Governor Babatunde Raji Fashola to dismantle the 37 Local Council Development Areas (LCDAs) in the state.

Although there were no signs that the state was prepared to meet the deadline, sources informed the Nigerian Compass yesterday that officials of the anti-graft agencies would swoop on the state to determine how it has been financing the operations of the LCDAs with the money it draws from the Federation Account on behalf of the 20 constitutionally-recognised councils since they were created by the Bola Tinubu administration.

The President had given Fashola the ultimatum in a letter, entitled: Re-The Alteration of the Constitutionally Recognised Local Government Structure in Lagos State by the State Government and the Implication for Constitutionalism and National Unity.

Yar'Adua wrote: I am particularly worried by the fact that disbursements from the Federation Account meant for the operators of the 20 Constitutionally-recognised councils are now being diverted to the funding of additional 37 illegal entities under the direction and control of functionaries who have no legal basis to occupy their present offices.

"As you are aware, the expenditure of public funds by unauthorised persons equally raises the spectre of criminal liability under our various anti-graft statues."

The EFCC and the ICPC, according to sources, are to peruse the monthly allocations to the councils from the Federation Account and how they were disbursed to the LCDAs since they were created in 2004.

Meanwhile, the state chapter of the Peoples Democratic Party (PDP) yesterday told Fashola that he had no alternative than to revert to the 20 councils recognised by the 1999 Constitution.

The party, which reacted to the President's letter, said that the latest position of the Federal Government on the matter was a test of government's commitment to the rule of law and as a Senior Advocate of Nigeria (SAN).

of Fashola's knowledge of the law. He is a SAN. We are waiting to see how he is going to handle this one, if he will continue with his position to disobey the constitution or if he will prove to the world that Lagos State is not part of the Nigerian Constitution.

"Our promise remains that we will continue to fight this battle until the right thing is done. It was the reason we did not participate in that sham of October 11, 200[b]Speaking with the Nigerian Compass, the state Chairman, Mr. Setonji Koshoedo, said that with the letter, the ball has been left in Fashola's court to test his knowledge of the law.

Besides, he said that the correspondent was a culmination of the efforts of the party in the state to fight the injustice being perpetrated by the state government with the LCDAs, which culminated in the October 11, 2008, council election, adding that the PDP would not relent in the battle until the state did the right thing.

He said: "First of all, we are happy that somebody in the mould of Mr. President has waded into this matter. Since the local government election, we have forwarded the judgement of the Lagos State High Court, which nullified the 37 LCDAs to the Attorney-General of the Federation.
"He also has the Supreme Court judgement on the matter. So, the letter, I believe, is the culmination of our struggle in this matter. It is now a test [/b][b]8, when they said they conducted local government election. It was the illegality that they used to install all the local council people in Lagos. But we expect that with the latest letter, the Lagos State Government will stop this illegality it has engaged in for a long time."

Also speaking, the Publicity Secretary of the party, Dr. Wale Ahmed, described the insistence of the state government on the matter as intransigence to the supreme authority of the constitution.

He said the party was happy with the President for addressing the issue now.

He, however, challenged both the state and the Action Congress (AC) to listen to "the voice of reason on the matter."

"The Lagos State Government knew it was wrong all along but thought they could use the media and all other noise-making to cover it up. It should not behave as if we are in a confederation, as if Lagos State is not part of Nigeria. The AC and the state like crying wolves when they feel offended but when they are wrong, they would not admit it. The 37 LCDAs are unjustifiable in the way they are and so is the thing they did last year, which they called election," he added.

A chieftain of the party, Chief Wale Mogaji, called on the Federal Government to withhold the allocation of the state, if it did not revert to the 20 councils by the expiration of the deadline given by Yar'adua.

He argued that it was necessary to do so because the state was taking money from the legal councils to fund the LCDAs.

He said: "That is why there is no development going on in Lagos. Lagos State should not be operating as an Island in Nigeria. What if all other states in the country go into creation of local governments the same way, won't there be chaos? The Federal Government should not fold its arms and watch the state like that.

The state should revert, otherwise, the Federal Government should hold their allocation until they do so".

The Rights Monitoring Group (RMG) said the President's letter was an acid test on the commitment, or otherwise of Fashola to the rule of law.

The Director of the group, Olufemi Aduwo, in a telephone interview yesterday, while condemning the creation of the LCDAs, suggested that policemen should be drafted to the premises of the development centres and arrest their officials at the expiration of the ultimatum.

He said: "The additional 37 LCDAs created by Tinubu were illegal and remain illegal.

"The creation violates Section 9 of the constitution. The Supreme Court ruling affirmed that the creation of the councils was not complete until the National Assembly made an order to that effect.

"The constitution must be amended for the councils to be listed. Fashola as a Senior Advocate should know this and obey the ruling of the Supreme Court."
[/b]
Yesterday, Fashola said he would never revert to 20 councils until the Supreme Court rules so.

A statement by his Senior Special Assistant, Hakeem Bello, reads:

"In the light of the report published in several national newspapers today (yesterday), and numerous calls and enquiries by concerned Lagosians and Nigerians from across the country, His Excellency, the Governor of Lagos State, Mr. Babatunde Fashola (SAN), has been constrained to direct that a copy of his response to the letter from Mr. President which was widely published today be made available to the press.

"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 agelong 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 House of Assembly."

"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."

Lagos State had taken the administration of former President Olusegun Obasanjo to the Supreme Court after it withheld the funds allocated to the state from the Federation Account on the grounds that they were illegal creations.

The apex court, although ordered that the funds be released, it, nonetheless, described the then 37 Local Government Areas (LGAs) as "inchoate and inoperable" until the National Assembly amends the relevant sections of the constitution to accommodate the new LGAs.

The balance of N14 billion seized by Obasanjo was consequently paid by Yar'Adua in 2007, while the LGAs were transformed to LCDAs.


This story is from Nigerian Compass (owned by Gbenga Daniel), so I don't know how true the story is. This has politics written all over it.

FASHOLA.
A man after my heart.
Whr were U all dis while in Nigeria

divisive elements are now kings in Nigeria, this was Tinubu's handiwork to spite Obasanjo. Since the council areas or local governments were created, what changes in terms of development did they bring to the people of Lagos State? none - it was just another opportunity for the Lagos goons to eat money and eat it so well b4 Fashola came to their resque.

^^^Dude, you ain't making no damn sense.

babapupa:

^^^Dude, you ain't making no damn sense.

I guess you need your head examined.

@walakolobo

where you dey sef? Majority of Lagosians are praising the governor and are totally in support of him, some other states are wishing their governors work as hard as fashola.

This is about Federal allocations to states based on the number of local govts. . . Oil money.

walakolobo,


It's obviously the other way around. e be like you dey reside inside cave for Afghanistan or you just like to hear your self talk meaningless nonsense wey no match wetin 18million lagosians dey yarn,

Are we really operating a federal system of government?

Is there separation of powers?

In a federal system the supreme court has power to cancel/annul a law passed by the national assembly not the other way round

walakolobo:

divisive elements are now kings in Nigeria, this was Tinubu's handiwork to spite Obasanjo. Since the council areas or local governments were created, what changes in terms of development did they bring to the people of Lagos State? none - it was just another opportunity for the Lagos goons to eat money and eat it so well b4 Fashola came to their resque.

Sir , Yar Adua is on dodgy legal grounds. It is Mr. President who is divisive. He is a woeful leader who is now intent on perpetuating his stay in Aso rock beyond 2011 to the extent that he has now thrown common sense and caution to the wind . It is obvious from what is quoted below that Fashola is schooling the clueless President:

"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."

Furthermore , what is your take on Fashola's observation that Yar Adua's silence over the Lagos Atlas Cove attack is distinctly unpresidential ? Does it make sense to your that a president of a nation who loves all regions under his control will remain silent when a particular region suffers a traumatic attack ?

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."

As far as i am concerned the man who should actually be president (Fashola) on merit is speaking while the fake and impotent President , who was selected , is blowing hot air  

@Samparian and Babapupa


Read my comments properly b4 opening your wide mouth to talk gibberish.

Here's Fashola's brilliant reply as reported by The Guardian Newspapers

http://www.ngrguardiannews.com/news/article01//indexn2_html?pdate=270709&ptitle=Lagos%20councils:%20Fashola%20says%20%27No%27%20to%20Yar%27Adua

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.

In the above reply, Fashola took Yar Adua to the cleaners, it is surprising that the president is embarking on a mission that has failed ab initio. This will surely get very interesting as we go on.

From the opening part of the letter, could it be that the Atlas Cove bombing is self induced to intimidate Lagos? If the answer is no, then why did the president keep quiet about it without even a sympathy call to the Lagos Governor? And again why is the president's letter coming barely twenty four hours after the incident?

It is instructive to note that Yar Adua wants to repeat the style adopted by OBJ's in slowing Tinubu down on Fashola but he will fail just as he has been failing in the last two years to provide leadership for this country.

Beaf:

This is about Federal allocations to states based on the number of local govts. . . Oil money.

But the problem is the federal government is only giving Lagos State allocation for 20 local government not for the 37 LCDA's. So why is the federal government worried?

Good piece of d opposition ingredient missing in the Nigerian political mix. More of this please.

The unfolding drama looks good. Let's see who blinks first

Am loving BTF, this is pure Ingenuity in Governance, Go Raji Fashola, show them uve got Brass Balls

I am really sorry for Yar adua because i saw failure written all over him and his right man (Aondoakaa) is not helping matters he is just giving him wrong advices. Yar adua is bitten more than he can shew, Nigeria is absolutely bigger than what Yar adua/Aondoakaa can handle.

naijatoday:
[Quote author=Beaf]
This is about Federal allocations to states based on the number of local govts. . . Oil money.

But the problem is the federal government is only giving Lagos State allocation for 20 local government not for the 37 LCDA's. So why is the federal government worried?[/quote]

The oligarchy will not tolerate what they think are solid insinuations against the accuracy of the bleeped up cencus figures. By extension, it is a challenge (or the beginning of one) to the way oil revenues are distributed and they ain't having it!
There can be no other reason for this stupid fed govt reaction - "a toad does not jump in the daylight for nothing". It is an indication of how far the oligarchy is willing to go to protect their wicked interests and how much they think the country belongs to them.

there has never been any indication that yaradull is a literate person. does it (he) know anything about law and governance at all. that guy is a stup moitherfcuking assholehorseshipfoooooooooool, idoit, damn man,where did that moronic obj get him from.

babapupa:

walakolobo,


It's obviously the other way around. e be like you dey reside inside cave for Afghanistan or you just like to hear your self talk meaningless nonsense wey no match wetin 18million lagosians dey yarn,

@Walakolobo

Why Lagos should not have those LGs?
I don't care if it's Abuja or Imo, any state that generates excellent internal revenue shall have the desired LGs to really caster of its populace.
You have to tell me what would stop Lagos if Kano state, the most populous and has the highest number of LGs (44) could not make it top 15 among the states with huge annual revenue?
This the statistics for 2008 annual states’ revenue list:
http://odili.net/news/source/2009/jul/23/219.html

“Figures contained in the Central Bank of Nigeria (CBN) annual report for 2008 just published and obtained by THISDAY shows that the IGR of Lagos and Sokoto stood at N139.2 billion and N34.8 billion in 2008 respectively, while their allocations from federation account were N80.16 billion and N39.67 billion.”
Other states that are not doing bad!
States with relatively high performing indices included Ogun, Osun, Oyo, Borno, Ondo, FCTA, Jigawa, Kaduna, Kogi, Anambra, Kwara, Kano, Gombe, Edo, Abia and Rivers which recorded 10 per cent and above in their IGR.

yaraDOA

bending over for mend
watching his minister party while assu is on strike
dead to clear and present state of emergency in the power sector
siddon looking as all the industries beat a hasty exit out of naija

and suddenly finding the time to pick up where obj left off - maybe he really is obj's puppet, or maybe he thinks he can shore up naijas mounting deficit by withholding lag funds obj style