A REJOINDER TO HONOURABLE JUSTICE HABEEB ABIRU’S DISSENT OPINION TO THE SUPREME COURT JUDGEMENT ON FINANCIAL AUTONOMY OF LOCAL GOVERNMENT IN NIGERIA.BY DAVID ADENEKAN.

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Disclaimer: May I seize this golden opportunity to reiterate, and say it clearly that, this opinion is not the opinion of any group, including Afenifere USA and NADECO USA. It is my humble opinion based on objective research and my close to three decades of working experience in United States.

To me, there are bound to be dissent opinions and views in a democratic setting. It is the beauty of our democracy, the right to freedom of expression as being subsumed under the principle of rule of law.

However, it is somehow strange to me in law as opined by Justice Abiru of the Supreme Court that the Federal Government, through the Attorney General of the Federation cannot take a redress in the law court to address certain issues that are pertaining to good governance. Even a private individual can take a redress in the court of law to address issues that are pertaining to good governance. Please note that, this writer is not a lawyer, but it is a common knowledge in law.

Therefore, what then is the qualm here?

It is very imperative to say that, the issue of no strong evidence that the states governors are wasting and misusing funds that are meant for the local government authorities may not be valid because, there are strong evidences of infrastructural decay in our hinterlands (villages and small towns). A classic example is a small town called Imakoko, a small island in Lagos Mainland. Please go to this community, the horrible sight of lack of basic infrastructures is an eyesore.

What other evidences do we need? Across the country, there are many villages and small towns with no primary schools, maternity homes, primary health-care clinics and tap-borne water or, even a borehole. Children have to walk more than 6 miles to big towns to go to school and several kilometres and distances away, just to fetch water from the rivers. These are evidences across the country.

That is a clear demonstration of the fact that, most people in the hinterlands certainly are not feeling the impact of the dividends of democracy, because the state is a cog in the wheels of progress.

They (the governors) have usurped the duties and responsibilities of local government authorities that are the closest to the grassroot.

Also, did the 1999 Constitution as Amended not refer to Local Government Authorities as third tiers of government? An indication that it is a government on its own.

Furthermore, if Honorable Justice Habeeb Abiru of the Supreme Court concurs that the Chairmen and Councillors of the Local Government Authorities should be democratically elected, will it not be a contradiction and negation of the “WILL OF THE PEOPLE” at the grassroots to surrender their authorities to the whims and caprices of the state governors as surrogates?

Moreover, is the procedure or process more important than the goal for good government? If the procedure is counter productive to the goal, is it not logical to fix it to attain the goal?

What the Supreme Court judgement did on Local Government Financial Autonomy was to interpret the Constitution to fix the deficiency in the procedure or process, to protect the rights of the citizenry for good governance.

In addition, Is the procedure more important than justice and fairness?

Yes, justice and fairness will eventually correct any procedure or process that may not be in the overall interest of the masses.

Suffice it to say, the ruling of the Supreme Court on Local Government Financial Autonomy is the law, and it is sacrosanct.

Only time will tell.

David Adenekan Writes From Chicago, Illinois. He Is The Editor Of Shekinah International Magazine And A Media Expert.

davidadenekan5@gmail.com.

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