• Says caretaker committees illegal, unconstitutional

By Wale Akinselure

The Attorney General of the Federation, Abubakar Malami, has asked State Governors operating caretaker committees at local government level to immediately disband such committees and restore democratically elected representatives.

According to Malami, caretaker committees were outrightly illegal and unconstitutional as they amount to a breach of the provisions of Section 7(1) of the 1999 constitution (as amended).

This is as he described the practice of some state governors dissolving elected local government councils as unconstitutional, null and void and continued disobedience of the Supreme Court judgment of 9th December, 2016 in the case of Governor of Ekiti State & Ors vs Prince Sanmi Olubunmo & 13 Ors.

Apparently identifying Oyo State as one of the concerned states, Malami had placed such request on Governor Seyi Makinde in a letter dated 14 January, 2020, reference number HAGF/OYO/2020/Vol.I/I. entitled, “Unconstitutionality of Dissolution of Elected Local Government Councils and Appointment of the Caretaker Committee: The Urgent Need for Compliance with Extant Judicial Decisions”, addressed to the state Attorney-General, Professor Oyewo Oyelowo.

A development described as unpleasant, Malami added that the request was in upholding the rule of law and not hindering the much-needed grassroots development at local government level.

The letter read, in parts: “The Honourable Attorney General of the Federation in line with the constitutional role as the Chief Law Officer of the Federation under Section 150(1) of the 1999 constitution (as amended) has noted with dismay the continued non-adherence by some state governors and state houses of assembly to the provisions of the Section 7(1) of the 1999 constitution (as amended) as it relates to the existence, administration and control of local government councils in Nigeria.

“This unpleasant development, without doubt, is hindering the much needed grassroots development expected to be put in place by the third tier of government.

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Disband LG Caretaker Chairmen, Restore Elected Reps, Caretaker Illegal & Unconstitutional AGF Tells Governors