Nigeria: How Governors Can Implement ‘Restructuring’ In States – Lawyers

Following calls for the restructuring of the Nigerian federation, lawyers have explained how governors can take the lead in allowing its implementation in their respective states.

THE WHISTLER earlier reported that among other proposals tendered at the zonal public hearings on the review of the 1999 Constitution, Nigerians had asked for decentralization and devolution of powers – from the federal government to the respective states of the federation and up to the Local Government Areas.

Constitutional lawyer, Festus Ogwuche, told THE WHISTLER that at the state level, the governors ought to give financial autonomy to the Local Governments, legislature and the Judiciary, if they were true to their words as per agreeing to the restructuring of the nation.

Ogwuche was of the view that the constitution should first be amended to capture state judiciary as a self-regulating institution.

He said it should also be framed in a way that block governors from influencing either the LGA, legislature or the judiciary.

“If you take care of the finance, every other thing falls into place. But for the judiciary, I think it is more than the financial autonomy, there should be an amendment of the constitution to ensure that the level of political interference into the affairs of the judicial system is reduced to a large extent. This has to do with the power of appointment, the power of dismissal, the power of discipline of judicial officers. It should be reduced from the hands of the governors or the president. The judiciary can operate on its own, it can be a self-regulating system that will not require interference.

“The judiciary should be made a self-regulating system that they can take care of everything that happens within it so that it will come out to be a truly objective and fair judicial system that will stand the test of time,” he said.

Ogwuche added that there should be electoral reforms that will empower the Independent National Electoral Commission (INEC) to conduct LG elections and not the state governor’s appointees.

“In restructuring, you must ensure that the proper electoral system is entrenched to conduct local government elections, probably we fall back to the recommendation of Justice Mohammed Uwais – to ensure that LGA elections are conducted by INEC. Because what we have now as election at the LG level are mere appointments of the governors’ cronies and political affiliates.

“I think in the course of reforming the electoral system there is also need to ensure that the LGA elections are conducted in a manner that is transparent and fair by taking it away from the current mode of having the states operating their own independent electoral commission to the one that will be central and properly reformed to ensure that elections are free fair and credible, “he said.

He warned that although the demand for restructuring was more with the governors, if the federal government devolves power to a state where their governor is power-drunk, such governors will become too powerful thereby using it for their personal gain.

Furthermore, he said that the governors should commit to the financial independence of the various arms.

“There should be more restructuring at the state than even the federal level because if you restructure at the federal level and transfer all these lists that are being prescribed to the state legislative list, residual list or concurrent list where the states can now exercise such powers, you have empowered the states and from the character of these governors, you think they will not get radical? They will want to exact their powers with naked display of wanton power and authority.

“The same thing with the legislature…financial autonomy for them, they have to be self-accounting but you cannot accord them all the autonomy that is deserving for the judiciary because of the nature of parliament that is a bit or very much affiliated with the executive…so they cannot be given total authority or shield of authority but financial independence is very proper so they can operate without the interference of the executive,” he added.

On his part, Tunde Falola told our correspondent that even though Nigeria’s system of local government was subject to some supervisory roles by the state House of Assembly, it should be granted financial independence so as to operate on its own.

“However, that does not suggest that this Structure of Government should not be given autonomy to manage its finances. The idea of some state government diverting the monies meant for Local Government Authorities is not acceptable,” he said.