South-south yet to domesticate key constitutional amendments on LG autonomy, electricity, police

South-south yet to domesticate key constitutional amendments on LG autonomy, electricity, police

The domestication of critical laws in line with the provisions of constitutional amendments by the National Assembly is yet to be fully implemented in the South-South region of Nigeria. A survey by the News Agency of Nigeria on the domestication of critical laws, especially local government autonomy, state electricity, and state police, was conducted in Rivers, Cross River, and Akwa Ibom. The survey revealed that only Rivers has domesticated two of the laws, the local government autonomy and state electricity, while others are yet to key in. Rivers has done fairly well – Residents In Rivers, a politician, Anchor Ume, commended the Martins Amaewhule-led House of Assembly for passing the Rivers State Local Government Law and Local Government Autonomy Bill in 2023. He explained that the legislation on local government autonomy outlined the structure, function and finance of the councils, granting independence and abolishing the era of caretaker committees. He said the state Electricity Bill was also passed in 2024, empowering the state to generate, transmit and distribute its own electricity. He, however, added that, due to an intense political face-off with the lawmakers, Governor Siminalayi did not assent to it, and the assembly invoked Section 100(5) of the 1999 Constitution to override it and ensure the swift passage of the law. These bold legislative actions eventually placed Rivers at par with its counterparts amid its political peculiarity at the time,” he said. On the state police, Prince Wiro, national coordinator of the Centre for Basic Rights, Protection and Accountability Campaign, expressed optimism that the House would domesticate the law in Rivers. Mr Wiro said the law was attracting more stakeholders and public attention than other laws amended by the National Assembly because of its importance. He said the state police law is gaining momentum due to the heightened insecurity across the country. “It is only when there is life that we can talk about infrastructure, development and other necessities. Nigerians are tired of insecurity; we are in a haste to enjoy adequate protection of lives and property,” he said Mr Wiro further explained that, when domesticated by the Rivers State House of Assembly, the state police law would enhance intelligence gathering and local policing. Governor controls Cross River local councils In Cross River, the residents said the local government autonomy and power sector decentralisation were largely unimplemented in the state, despite legal backing and recent constitutional reforms. Oqua Etim, the spokesman to the Calabar Municipal Council chairman, said local government autonomy had yet to take practical effect in the state. Mr Etim alleged that the governor was still controlling council funds through joint accounts and determining how allocations were disbursed to local government administrations. He cited the recent release of vehicle grants to councillors by the state government as evidence that councils lacked financial independence, adding that local government autonomy existed largely on paper. According to him, several benefits and entitlements due to local government officials remained unpaid, despite legal provisions supporting council autonomy. The Special Adviser to the former Governor Ben Ayade on Education, Castro Ezama, similarly described local government autonomy as largely theoretical despite the Supreme Court judgement. Mr Ezama said direct allocation of funds to local governments would strengthen grassroots development and reduce poverty if fully implemented across the federation. On electricity, he commended President Bola Tinubu for moving power generation to the Concurrent Legislative List, allowing states to generate and distribute electricity. However, Mr Ezama urged state governments to accelerate implementation, arguing that cheaper, more reliable electricity would reduce production costs and improve business performance. He cited Aba’s electricity model as evidence that state-driven power initiatives could improve supply, and urged other states to adopt similar approaches. On state policing, Mr Ezama said recruitment of personnel should be handled professionally to ensure effectiveness and public confidence. Governor controls Akwa Ibom councils’ funds In Akwa Ibom, the Nigeria Labour Congress (NLC) urged the National Assembly to ensure that the constitutional amendment establishing state police was all-encompassing to check abuse. Sunny James, the NLC chairman in the state, said the labour union welcomed the state police as a new development that would bring security closer to the grassroots. He said the constitutional amendment should ensure that state governors would not hijack the police to act against the people, adding that leaders should lead within the confines of the law. “State Police is one item that everyone should welcome. For us in the NLC, it is a welcome development. “The recruitment process should involve residents in the local government areas, and they should be allowed to work in their communities to derive the benefits of the state police “No one should be allowed to hijack the structure of the state police. The formation is a very good idea for the country. We are looking forward to its adequate implementation,” Mr James said. On local government autonomy, he said Akwa Ibom was one of the states that considered local government autonomy, as the councils were doing well. He said this was because the councils were implementing projects while the governor was releasing funds to them. “However, the autonomy is partial as the money is not coming directly to the council’s account. But no one is complaining, and it is working well for them. “Those complaints we used to have are no more; so I think they are doing well and they are even appreciating the governor,” he said. READ ALSO: Akwa Ibom Governor elected Chairman South East/South South Governors Forum Mr Clifford Thomas, a Uyo-based lawyer, commended the federal government for the initiative to establish state police but urged NASS to ensure constitutional provisions to allay fears that it could be hijacked. The lawyer argued that for state police to work effectively, the National Assembly must remove the immunity clause for governors from the constitution. “All the governors must become ordinary, so that we can sue them when they abuse the structure of state police. “The National Assembly should remove the immunity clause and allow governors to become ordinary administrators of their state,” Mr Thomas said. On the removal of the Correction Service from the Exclusive to the Concurrent List, Mr Thomas doubted its implementation, adding that, due to challenges in funding, control, and feeding inmates, it should remain on the exclusive list. He noted that it would be difficult for some states of the federation to manage the correctional service, due to financial recklessness or paucity of funds. Discover more from Premium Times Nigeria Subscribe to get the latest posts sent to your email.

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