February 10, 2004
Council Polls and the New Councils
The Association of State Independent Electoral Commissions, recently fixed the much-awaited local government elections for March 27, 2004. Though belated, the forthcoming council polls is a good omen for democracy at the grassroots. Nonetheless, the status to be accorded the newly created local councils across the country has been a subject of controversy.
Soon after the enthronement of democratic rule in 1999, some of the states in the federation created additional local government councils, purportedly in response to the yearnings of their people. The federal government faulted the exercise on the premise that the constitutionally prescribed procedures for creating new local councils were not strictly adhered to, and that the processes were not completed.
The 1999 Constitution of Nigeria made provisions for the creation of new local government councils: the process is to be initiated by a request of two-thirds majority of members in both the House of Assembly and local government councils, representing the area demanding the creation of the new council. The request is thereafter subjected to a referendum (two-thirds approval) and further approval by the local government areas (simple majority) and House of Assembly (two-thirds majority) in the State creating the new council. Afterwards, the House of Assembly is to make adequate returns to each House of the National Assembly to enable the latter make provisions regarding names and headquarters of such new local councils.
However, the Constitution fails to make clear provisions on when a newly created council becomes operative: is it immediately after a State creating a new council concludes its task or until the National Assembly has passed an Act to make consequential provisions with respect to name(s) of the new council? This appears to be the crux of the controversy surrounding the newly created local councils in Nigeria.
In any case, the brewing controversy over newly created councils should not be allowed to delay local elections, which is already long overdue. It is about time that we set our priorities right and move the nation forward, the unnecessary and undue delays being witnessed in conducting local council elections is a metaphor for all that is plaguing Nigeria.
CRP urges our leaders to help build the faith of the Nigerian people in the democratic process. An important step would be to ensure that the March 27 date for the local council elections stands and that elections on that date are successfully carried out. The forthcoming council polls is a critical component of our democracy.
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