₦airaland Forum

FreeStuffsNG:
■ Thanks for sharing and going through the view confirm that it is the definition of federalism drawn from the US experience and its history where the sovereign was formed by the federating units. At the signing, only the Heads of the states were represented because the counties/ LGs had given their rights to be exercised by their State Heads.
In Nigeria, not even at Independence were the states represented so we had no state uniting to form Nigeria. We had regions so if we were to go by the American definition of federalism, we should have the regions not states so it is the states that should now be the equivalent of the LGs. Also, as at 1999 constitution, we already had a strong LGA system so they can not be ignored like those of US.
■ This is the significant historical difference between our own federalism and that of US that the Punch is ignoring and you can't fault an American university by drawing its definition from the American history. It's like comparing democracy in US with that of UK. What UK operates is still largely monarchy through the powerful unelected House of Lords yet the UK pretends to be among countries practicing democracy.

The 1999 Constitution established Nigeria as a democratic Federation. The design and structure of that Federation which is only about 25 years old is what we are talking about when we talk of Nigeria today.

2. What in the world does this matter to this discussion for Pete's sake? Nigeria is a Federalist system, case closed!

opalu:
Imported Federalism and Imported Democracy can never work in Nigeria. We have to use what works for us. If having three Tiers of Government is what works for us, so be it. Punch should stop bring Indian style into Nigerian system. When LGs were receiving direct allocations, we saw how wealth was circulating at the grassroots. Because out of 774 Chairmen, atleast if we have 300 good people, Suffering at the grassroots won't be like this. Then EFCC can chase the rest. No immunity for them. But Governors with immunity can use LGA funds to buy Dubai houses and immunity would shield them

It isn't the immunity to blame for Governors running wild. Rather the people not calling for their immediate impeachment, arrest and prosecution for crimes committed is. They clearly violated the Constitution when they overstepped their bounds, taking control over the LGs and Funds meant only for the LGs. It is up to the people to call for their impeachment and it can happen. But the people of Nigeria refuse to engage their own government for reasons best known to them.

FreeStuffsNG:
■ The judgement barred the governors from receiving, retaining, or spending the LG allocations. The Court held that states receiving LG funds violate Section 162 of the 1999 Constitution. It asserted that the Constitution states that any money leaving the Federation Account must be distributed to the three tiers of government. This is erroneous: in federalism, there are only two units of government – the centre and the federating units.

The Supreme Court erred in its judgement as the LGs have no place in a federal constitution. Therefore, one of the fundamental flaws of the 1999 Constitution is to list the 774 LGs in it. This must be corrected.
■ In federal jurisdictions, such as the United States, India, and Brazil, the constitution recognises only the centre and province/region/state governments. States fund the LGs as the councils are under them. Thus, the Supreme Court judgement is a conspiracy against federalism.
■ The Court ruled that state governors do not have the power to dissolve elected LG councils and replace them with caretaker committees. This violates Section 7(1) of the Constitution. While we agree with the justices that the councils should be run only by democratically elected officials, the question of financial autonomy for LGs has no place in a federal constitution.
The State and Local Government Joint Account was created because council bosses were looting funds and not paying primary school teachers. Since that account was created, primary school teachers are no longer owed salaries. Sadly, paying the monthly allocation directly to the councils would not stop the diversion of council funds.

OP, the statements above in red are bogus!
1.

Federalism is a system of government in which the same territory is controlled by two levels of government. Generally, an overarching national government is responsible for broader governance of larger territorial areas, while the smaller subdivisions, states, and cities govern the issues of local concern.

Both the national government and the smaller political subdivisions have the power to make laws and both have a certain level of autonomy from each other.https://www.law.cornell.edu/wex/federalism

Note the writeup from Cornel University insists that a Federalism system is one controlled by two levels of government— not one that has only three tiers of government. In the United States, the Constitution recognizes the existence of The Federal, State, cities/counties/municipalities — sort of like what you have in Nigeria.

2. The 1999 Constitution is correct as it clearly states that control in Nigeria is managed at just 2 out of the 3 tiers of Government — the National and State levels. Yes, control over even the LGs is managed at the national level by the National House of Assembly and the state level by the State House of Assembly. That is revealed in Section 162 subsections 4,5,6,7, and 8..

3. The account is merely called "State Joint Local Government Account". It is maintained(kept alive) by the state. However, it was not set up to be accessed and dipped into by the State Government. The Constitution stipulates instead that Governors were to deposit the portion of State IGR meant for all the LGs into the account — no authority given to State Government to extract or withdraw any amount from that account.

It is important to also note that Section 162 subsections 4, 5, 6, 7, and 8 are not later additions/amendments to the Constitution.

allthingsgood:
■ Don't go and sleep. Stay there and be typing rubbish at 3am

You are the one up at 3am, not me.

givedemwotowoto:
■ The Atorney General and the EFCC are the ones empowered to take government officials to court for crimes and corruption, not private citizens.
Section 174 (1) of the Nigerian constitution (1999 as amended) explicitly gives the attorney general this power. The AG takes over, investigates and prosecutes
Section 211 of the constitution (1999 as amended) also gives the EFCC power to investigate and prosecute
■ Private citizens can report cases but not prosecute. Even when a private citizen brings forward a criminal case committed against them, the state takes it over, so it becomes State of XYZ vs the Defendant

1. Both sections 174 and 211 do not state any of what you claim regarding the Attorney General and the EFCC being the only ones empowered to sue Government officials. Read through each of the sections to see this for yourself.

2. Private citizens are allowed to sue in either civil or criminal court any official except the President, Vice President, Governors, and Deputy Governors. That is instead what the Constitution states in Section 308.

allthingsgood:
■ Mtscheeew impeached fir whom to be President? Your loser Obi

Yes, a President can be removed from office as pointed out in the Constitution. As for his replacement, that depends on the Constitution as well.

Racoon:
Just imagine! These are the same Tinubu family that lied they don't need Nigeria money and asking citizens to tighten their belts to continue to endure hardship and suffering? Thunder fire this wicked souls in government.

Thunder will do no such thing. Nigerian people were warned, saw the signs on the wall, and were even sure that APC would bring them nothing but more bad news after the last administration, yet they chose to proceed anyway. They say, "Heaven helps those who help themselves." So, far, it doesn't seem Nigerians help themselves at all.

It is really up to the people to decide if they will endure many more years of this or demand the man be impeached with immediate effect.

derico:
■ You will be required to show cause before prosecuting...and burden of proof is upon whoever alleges.
Do we have access to verifiable information? It's a road that leads nowhere.

From what I heard, some people were unable to get funds they were empowered to receive by the Government because of her shenanigans. They can sue her for just it and go from there to find out how they can still access the funds they were rightly meant to receive.

MIKOLOWISKA:
■ Ok o.You know they're the ones that control budgets. And money talks in politics. Your theory is vastly different from practical

Governors do not control the budget at all. Their hijacking of the LG accounts and their control of affairs at the LG levels in fact run against the Consitution. The reason they continue to get away with it has to do with general ignorance of the details of the law by their constituency.

MIKOLOWISKA:
the way Nigeria is set up it is the governors

Not even close!

blacknp:
Stop chasing shadows for crying out loud.

Telling you that your very Constitution empowers citizens with the right to sue her in criminal court amounts to my chasing of shadows?

raskymonojendor:
Exactly. So who is buying any plane? I call bullshit on the Fake news. The pictures below are obvious Photoshop. The white background is bleeding and doesn't match the plane's white.

Bleeding? I don't follow!

raskymonojendor:
■ Check the date of Feb 5, 2024 on the reverse search of my screenshot.
Ps: I did not post a link. Maybe you were referring to someone else.

There is a problem with this claim here. I tried to do what you did and the fuhsa link provided a blank page.

raskymonojendor:
■ That means it has been deleted but it shows you that the picture was posted on that day on world wide web.

Yeah, I seriously doubt that

raskymonojendor:
Even if he buys, does the president of Nigeria not deserve a jet? Even Davido has a jet.

According to reports, the Presidential fleet has 10 planes, why does he need to buy two more planes, if according to him, only two of them are supposedly defective?

The Presidential Air Fleet has ten aircraft. They include
● two Falcon 7X jets,
● two Falcon 900 jets,
● Gulfstream 550,
● one Boeing 737 BBJ (Nigerian Air Force 001 or Eagle One)
● Gulfstream IVSP.
● Gulfstream V,
● Cessna Citation 2
● Hawk Siddley 125-800 jet.

https://www.vanguardngr.com/2024/06/off-loading-presidential-fleet-nigerias-president-has-10-planes-pope-leaders-of-britain-israel-singapore-have-none/

raskymonojendor:
■ How many times is he going to buy the same jet. Same picture in February.

The link you posted shows the comment was posted 5 hours ago.

liamjakes247:
It’s unfortunate- 20% share holding discussed with Dangote with the FG to keep the country having something from its refineries was cut down to 7% because FG couldn’t meet their own side of the bargain- PMS, Tax on production companies, food and all goes up just to keep up the luxurious lifestyle which in no time would face out. Are this people cursed or in a cult to oppress people they govern? I don’t understand? Almost all the leadership system even in churches are bastardized- What’s happening?

Are the Nigerian people not a bunch of eejits to have fallen for the same scam, from the same set of scammers, for over 25 years?

Praxis758:
Best thing is to sell 60% of the current presidential fleet. Like for Sowore, share for presidency.

Best thing? E be like say una dey like to suffer a lot.

REALretep:
■ Stop ranting like a child. Your knowledge of Nigeria under the regional system of government is obviously limited. The regional system wasn't doomed as practiced then. Despite the corruption and looting of the public treasury then, the system was productive with the regions competing in productivity.

LOL... all you revisionists wey full Nigeria. If not for oyinbo's wey record the events that took place back during the days in question, na so so false claim after false claim una ready to dey feed anyone wey give una ear.

After a brief honeymoon period, Nigeria’s long-standing regional stresses, caused by ethnic competitiveness, educational inequality, and economic imbalance, again came to the fore in the controversial census of 1962–63. In an attempt to stave off ethnic conflict, the Mid-West region was created in August 1963 by dividing the Western region.

Despite this division, the country still was segmented into three large geographic regions, each of which was essentially controlled by an ethnic group: the west by the Yoruba, the east by the Igbo, and the north by the Hausa-Fulani. Conflicts were endemic, as regional leaders protected their privileges; the south complained of northern domination, and the north feared that the southern elite was bent on capturing power. In the west the government had fallen apart in 1962, and a boycott of the federal election of December 1964 brought the country to the brink of breakdown. The point of no return was reached in January 1966, when, after the collapse of order in the west following the fraudulent election of October 1965, a group of army officers attempted to overthrow the federal government, and Prime Minister Balewa and two of the regional premiers were murdered. A military administration was set up under Maj. Gen. Johnson Aguiyi-Ironsi, but his plan to abolish the regions and impose a unitary government met with anti-Igbo riots in the north. The military intervention worsened the political situation, as the army itself split along ethnic lines, its officers clashed over power, and the instigators and leaders of the January coup were accused of favouring Igbo domination. In July 1966 northern officers staged a countercoup, Aguiyi-Ironsi was assassinated, and Lieut. Col. (later Gen.) Yakubu Gowon came to power. The crisis was compounded by intercommunal clashes in the north and threats of secession in the south.

If it was going so very well, why did Aguiyi-Ironsi try to bring about its end before he was later assasinated?

Odidigboigbo:
■ Yes it is, the House of Assembly has oversight function on the LG. Sometime ago, one LG Chairman of my LGA was being disloyal to the then governor and paying allegiance to his godfather that was having issues with the governor. The governor got him suspended through the House of Assembly until his tenor elapsed.

But what you described is a problem created by corruption in the system. And the people, aware of this, could have easily called for the removal of the implicated members of the House of Assembly members —made an example of them — to avoid a repeat of any such.

Democracy is government for the people by the people meaning that the ones in the driving seat able to make sure things work are the people. When people refuse to sit in the driver's seat, the system cannot work at all. That is the case in Nigeria.

Cmanforall:
■ Nigerian constitution truly needs to be revised

The Constitution is not the problem; the inaction of the people is and no amount of changes you make to the law can resolve that.

Islie:
Lagos Assembly spent N36.7m on non-existing visitors’ toilets, budgets additional N50m’
https://guardian.ng/lagos-assembly-spent-n36-7m-on-non-existing-visitors-toilets-budgets-additional-n50m/

This is a very simple case abeg! Recall and prosecute those involved. Make sure they cough up every dime of that money or pay for it by way of hard labor in jail.

IfnobeGod20:
■ The system of these local government councils can only be holistic and be third tier of government if the approach used in conducting the affairs of the federal and state is adopted for its affairs.
■ Look at it this way. The FG have its own National Assembly. The SG have its own State House Assembly but the local government areas are at the mercy of the State House Assembly, as they formulate the laws that govern them and most of the time, the governor have overbearing influence on the State House Assembly. Any chairman not in the good book of the governor, the State House Assembly always advise the state governor to sack such chairman with flimsy excuse.
■ Well, the least is yet to be heard about this local government autonomy. The future is still very much pregnant on it. Let us keep tab for it.

1. What do you mean by this?

2. Where do you get the idea that the Governor has power by way of the Constitution to fire an officer(LGA councilman) elected by the people of the Local Government though? I am yet to come up with any of that in the Constitution.

3. Nigerians should demand a going back to respecting the Constitution in this. These Governors violated the Constitution and many of them seem to think they can do so with impunity because the Nigerian people are generally ignorant of the Law of the Land. Seyi Makinde and all the others like him ought to be removed from office and made to answer for the crimes they committed against their people in depriving them of development at the local government level by their criminal actions.

rotadeco27:
■ Have u asked your self also, that ,in the 8 years of his rule as a governor what did he invest in the youth? He rather killed and threw them into the river using the devilish SARs officer called Nwafor. He increased the university fee by 300% and when the poor masses complained he said education is not for the poor. All these are on the Internet! So what justification does obi have to be saying all these. Talk is cheap. He has nothing to offer. Fortunately he can never get to the aso rock because he would have become an Harry Maguire of Nigeria making references to the Ghanian lawmaker!

Where on the internet are all these things abeg?

IfnobeGod20:
■ I can't just remember the section now that talked about consolidated joint account for local government and state allocation.
■ The constitution is only particular about federal allocation account where it would be disburse to.
■ The constitution doesn't have a special disbursement for local government council account and that is why till date the LCDAs have not received a dime from the FG because it is not statutorily captured in the constitution.

I believe you mean Section 162 where instead the State Governors are to maintain an account called "State Joint Local Government Account".

(6) Each State shall maintain a special account to be called "State Joint Local Government Account" into which shall be paid all allocations to the Local Government Councils of the State from the Federation Account and from the Government of the State.
More: https://jurist.ng/constitution/sec-162

● State Governors are only permitted to maintain the account's existence and also post IGR to be distributed to the LGs into that account.
● State Governors are not empowered by that section of the Law to dip into the account for any reason. Nor are they authorized to take control of the affairs of the LGs by way of that account or for any other reason.
● LGs are meant to report or answer only to the National House of Assembly and the State House of Assembly. Those are the only two sectors of Government that have control or power over the LGs.

3. Those things were created by the State Governors, and so cannot receive anything from the FG for any purpose. The Constitution only recognizes LGs.

chidiokay:
■ I can see even your Brain needs autonomy from you .. smh Mumu the sensible question is , if an app is not used or running in background is it considered "ACTIVE" .. oya ask

Um... If an app is NOT Disabled, what does that mean? Seriously, try to spend more time reasoning things before responding.

IfnobeGod20:
■ That was the same issue I raised when the Supreme Court made the judgement. The Supreme Court just compounded the whole issue because if today an election is conducted into Local Government council, no single opposition will win election. The governor will just hand over names of those to announce and before the final collation of results, you may just hear the results had been announced.
■ Until the constitution is tinker with and the conduct of the council election is done by the INEC before we can averagely say the local government is autonomous.
■ One very big issue again, the Supreme Court had said in the past that the state governor has the right to replicate the LGAs, which gave birth to LCDAs in many states of the federation. If the governor have the sole right to replicate the LGA, any local government area not in the good book of the governor, the governor will just wake up one day and replicate it and turn it to mushroom LG.
■ Just I had always say, if the judiciary doesn't kill this country, it will remain small because their ruling is somewhat contradictory. Your ruling empower governor to manage the affairs of the local government areas and can conduct election for them but your another ruling say you grant local government financial autonomy. Why can't we have holistic provisions that will make truly the Local Government Areas the third tier of government in the constitution than subjecting the local government to half baked system.

1. What you highlighted is a problem of corruption in the system. The LG Chairmen are elected officials. So, these acts by the governors are criminal offenses, not issues that the Supreme court should be bothered with.

2. The Constitution isn't the problem here either. The refusal by those in charge of things to enforce the Law is the problem. And it is made worse by the almost removed approach of the Nigerian people in their own government. They are meant to be sitting in the driver's seat but have been taking a backseat approach for the last 25 years. How can anything go right when the designated driver(the people) refuses to take the wheel?

3. LCDAs are no problems at all because as far as the Constitution is concerned, they only exist in the minds of your Governors. Sections 7 and 8 of the Constitution allow for the creation of LGs but not LCDAs so LCDAs only exist at the state level and have no impact on the number of LGs recognized by the Constitution.


4. Wrong! Governors were never empowered either by the Constitution or the recent ruling to rule or control the LGs. What these governors have done up until now has been against the Law - Section 162, subsections 4, 5, 6, 7. and 8. But yes, the current ruling however contradicts the Constitution in that it now grants power over the LGs to the FG which is against the Constitution.

IfnobeGod20:
■ Some of you doesn't know what is on ground.
Firstly, the supreme court have even spoilt the show. The same supreme court was the one that says the governor has the right to replicate the LGA. Meaning the governor can just wake up one day and split any LGA not dancing to his turn. That was the judgement that gave Lagos state the privilege to have LCDAs and since then, many states had created their own LCDAs. Remember our constitution also empowered each state to conduct local government election under the purview of the state governor. Hence, the governor is still in control of who and who is to be chairman of any LGA. All he needed doing, as they have been doing, is to hand over names of those he want to SIEC chairman for announcement.
■ Till today, the judgement of the supreme court has not legal backing because no place in the constitution that says local government areas should maintain financial account, instead the constitution says joint consolidated account.
■ Now, the constitution has to be amended to capture such clause but if not, it would still raise a dust in the future.
The bigger question now, would the state governors not influence the state assembly not to pass such clause into law? Serious issue that may affect us in the future.

The LCDAs are state-level creations and are rightly not recognized by the Federal Government or the Constitution.

2. I believe this is very wrong! In the same way, the Constitution does not expressly tell the FG and individual States about setting up accounts for the handling of its defined affairs, I believe it equally does not need to explicitly indicate permissions for the creation of accounts at the individual LG level.

3. No, it does not!

VinnyBaba:
■ EFCC is a very Weak Organization. Olukayode only know to Make Mouth and go for Cheap targets like Boborisky. Tinibu Appointed, LOUD-MOUTHED, Overrated Y0rubas to fill up position in the govt. 😒 Dat's how Fashola boasted he will fix the Power Sector under 6months and ended SHAMEFULLY.

Where EFCC fails to go after her, the people can call for her removal and prosecution for crimes. This woman's fraudulent past can still be used against her.

Malroux:
Incoherent gibberish. Who controls the judiciary if not the same executives that are shielding her.

The executive does not control the Judiciary. What you have happening in Nigeria is there as a result of corruption but that should not be reason enough to do nothing. If you do nothing, nothing will change.

chidiokay:
■ kiddo! it is obvious you have chronic comprehension issues ... we go dey talk yo dey argue T your dumbness is spiritual ... smh Oya argue with my phone, app that is not opened or working in background how is it active .. can you sleep n be active dumb retard

Nonsense! Try again!

Just so you all know, as far as the Constitution of Nigeria, ministers do not enjoy immunity at all. Only the President, Vice-President, Governors, and deputy Governors have immunity, and that immunity disappears once they are impeached/removed from office. So, there is nothing stopping anyone from bringing charges against the woman for even the past crimes she committed before she was made a minister. If EFCC fails to go after her, citizens can do it themselves.

All your government officials, Senators, Representatives, LG council chairmen, Ministers, Police officers, etc.,—minus the President and his VP, Governors, and their deputies— do not enjoy the benefit of immunity.