Sly Ezeokenwa is the Nationwide Chairman of the All Progressives Grand Alliance (APGA). On this interview, he speaks on the latest Anambra State Native Authorities Administration Invoice signed into legislation by Governor Chukwuma Soludo and the controversy it has generated, amongst different points. ANAYO EZUGWU experiences
What do you make of Governor Soludo’s place on the native authorities autonomy and the latest Anambra State Native Authorities Act?
When you learn the governor’s speech when he signed the invoice into legislation, you will note the place he acknowledged that the essence of the native authorities administration legislation, initially, is to completely adjust to the Structure of the Federal Republic of Nigeria and the judgement of the Supreme Courtroom.
There may be nowhere the governor stated the place of the Supreme Courtroom will not be essential or will not be going to be carried out in Anambra. Additionally, you will see the place he acknowledged the place of Ohanaeze Ndigbo on federalism. Whether or not you’ll be able to have three federating items in a federal authorities, is a subject for one more day.
I at all times say that the important thing to understanding the native authorities legislation in Anambra State is to grasp the judgement of the Supreme Courtroom and what the Supreme Courtroom really held and the provisions of the structure that empowered the Home of Meeting to take up sure obligations and features.
You should marry them collectively as a result of in decoding the structure, it’s essential to recall that the Supreme Courtroom didn’t amend any provision of the structure neither did it obliterate any provision of the structure.
Quite, in case you take a look at part 162, which talks a few joint account, the Supreme Courtroom, in decoding that part and the subsection thereof, acknowledged that it was going to undertake what it referred to as a purposeful and liberal interpretation within the sense that for the reason that state governors have diminished the features of those native governments by withholding funds meant for them, it empowered the federal authorities slightly than via the native authorities joint account as supplied within the structure to now say that these funds ought to go to those native governments instantly.
That’s the judgement of the Supreme Courtroom. On the identical time, it’s essential to juxtapose the judgement of the Supreme Courtroom with the provisions of the structure, particularly, part 7 as a result of in case you take a look at part 7, you will note the place in entrenching a democratically elected native authorities system within the nation, the structure says that it shall be established that every institution, construction and composition, finance and performance shall be as decided by a legislation made by the Home of Meeting.
That individual provision was not amended or deleted by the Supreme Courtroom. When you transfer ahead to part 7(subsection 3), you will note the place the structure stipulates that every one the native governments in a state shall contribute or take part in what it referred to as joint financial planning and improvement.
And to that extent, it authorizes the Home of Meeting to ascertain an Financial Planning Board and that exact provision remains to be there within the structure. When you go additional, you will note part 7(subsection 5) that claims that the features of the native authorities in a state shall be as stipulated beneath the fourth schedule of the structure.
And whenever you go ahead once more to the fourth schedule of the structure, you will note that fourth schedule paragraph one stipulates what the features of the native governments are.
In paragraph two of that fourth schedule, the structure nonetheless went forward to present the native authorities the authority to take part within the provision of sure providers in a joint association with the state authorities.
These are the provisions of the structure, and like I stated, in case you learn the judgement, I believe web page 46 of that judgement, you will note the place the Justice acknowledged that after prescribing that the native authorities shall be by democratically elected native authorities council, part 7 (subsection 1) of the structure imposed a constitutional obligation on the federal government of each state to make sure they exist beneath a legislation.
He went additional to say that the phrase existence contains their election and tenure. He stated part 7(subsection 1) additionally requires that the stated legislation offers for the institution, construction, composition, finance and features of such council.
So, it’s in obedience to this judgement and the Structure of the Federal Republic of Nigeria that the Anambra State Home of Meeting has now exercised a constitutional mandate by enacting each the Anambra State Financial Planning and Improvement Fee Regulation and the Native Authorities Administration Regulation.
I need to say this as a result of I watched when Senator Tony Nwoye made some allusions to the legislation as if to say the Home of Meeting is making an attempt to acceptable the funds which have been allotted to the native authorities in Anambra State.
I can let you know that it’s a blatant falsehood as a result of in case you take a look at the sections of this legislation, you will note the place the Home of Meeting made ample provision for what it referred to as frequent providers in due deference to the Structure of the Federal Republic of Nigeria that has given each the state authorities and the native governments joint mandate over sure issues.
The structure in part 7 empowers the Home of Meeting to make these legal guidelines and it has made a legislation inside the context of its mandate
Is the governor saying that the native authorities chairmen, who’re imagined to be elected by the individuals can’t handle funds?
The capability of the native authorities chairmen will not be the problem. The problem right here is that there’s what the native authorities legislation of Anambra State calls frequent providers and these providers are providers that should be supplied by these native authorities chairmen in consent with one another.
So, you don’t see them present these providers in isolation as a result of in case you take a look at part 14 and part 15 of this legislation, you will note the place it created what it referred to as a Native Authorities Consolidated Account and it now created one other Native Authorities Consolidated Account Administration Committee.
There may be nowhere this legislation licensed the native authorities chairmen in Anambra State to acceptable their a refund to the state or to permit the governor to handle these funds.
So, it’s essential to get these information proper and since there are providers talked about beneath the fourth schedule of the structure for native authorities councils that they can’t function in isolation, they need to do it in a joint association with each the state authorities and the opposite native authorities council.
When you take a look at part 14(subsection 5) of that exact native authorities administration legislation within the state, you will note these frequent providers. One among them is the cost of salaries, allowances, gratuities and pensions of employees. The second is the supply and upkeep of major healthcare centres.
The purpose right here is that if you wish to have correct autonomy inside the context of full autonomy, it signifies that an area authorities would decide its employees, it can decide what it can pay them, it can decide its major healthcare employees and it’ll decide so many issues inside the context of full autonomy. However as a result of this legislation aggregates these providers collectively, the legislation now mandates these native governments to offer a share of their funds for offering these frequent providers.
Thoughts you this cash so aggregated is to be managed by this native authorities chairmen as a result of in case you go to part 16 of this native authorities administration legislation you will note the place it established a consolidated account administration committee made up of the accountant basic for the native governments, native authorities chairmen, chairman of the native authorities service fee, govt secretary of the native authorities pension board and the chief chairman of the common fundamental training.
Why does the state authorities have to collaborate with the native governments within the provision of those frequent providers?
When you learn the governor speech, he stated when he got here in as governor of Anambra State in 2022, he inherited over N14 billion in arrears of funds of gratuities of lecturers and workers of native governments.
When you speak about native authorities autonomy inside the context of what you’re saying, how do you agree these excellent money owed and obligations if the native governments can’t mixture funds collectively to deal with this stuff?
What the legislation establishes is collaboration between the state authorities and the native authorities as a result of there’s a level you’re lacking and that time is that you just nonetheless imagine that the governor of Anambra State nonetheless has a powerful maintain on these native authorities funds.
As I stated, the structure in part 7 empowers the Home of Meeting to make these legal guidelines and it has made a legislation inside the context of its mandate as given by the structure and that legislation has now allowed for the native governments to collaborate in offering frequent providers.
There may be completely nothing mistaken with it supplied it’s inside their constitutional mandate. It could be that in future as we transfer ahead on this autonomy, now you can have every native authorities of the federation making an attempt to begin on their very own.
As I stated earlier, in case you take a look at the native authorities construction in Anambra State, let me use Onitsha South for instance, you will note workers of the native authorities who will not be indigenes of that exact native authorities.
If we speak about full autonomy within the method you’re speaking about, it signifies that an area authorities will now decide its employees.
APGA took all of the seats within the final native authorities elections in Anambra State. Have the chairmen signed their letters of loyalty to the governor?
I can let you know that there isn’t any such factor in Anambra State and there’s no want for it. If there’s a governor on this nation that’s fiscally accountable, that governor is Prof. Charles Soludo.
It’s on document as given by BUDGIT that Anambra State is essentially the most clear and fiscally accountable authorities within the federation. So, the problem of writing an endeavor of loyalty doesn’t even come up.
The impression on the market that the Anambra State authorities, via the instrumentality of this legislation, nonetheless manages these funds for the native governments is mistaken and incorrect. There isn’t any requirement on this legislation for native authorities to contribute an quantity from their allocations or some other sources of income to the account of the Anambra State authorities or the governor of Anambra State.
There isn’t any explicit legislation or any provision on this legislation that directs the governor to undertake any expenditure on behalf of the native governments. What the legislation does is that it creates collaboration among the many 21 native governments in Anambra State and it permits them to mixture and pull funds collectively for the supply of what they referred to as frequent providers.
The signatures to the consolidated native authorities accounts are nonetheless the accountant basic of the native authorities and the native authorities chairmen.
Some persons are saying that you’re not the nationwide chairman of APGA; are you the chairman of the occasion?
In fact, I’m the nationwide chairman and that situation has been mentioned severally. When you recall, after the judgement of the Courtroom of Appeal that was delivered on June 28, 2024, the Impartial Nationwide Electoral Fee (INEC) purportedly performing in obedience to that judgement took away our recognition after which listed one other particular person.
After we went again to court docket as a result of we insisted that nothing in that judgement empowered them to take action, the Courtroom of Appeal in granting me depart, described me because the validly elected nationwide chairman of APGA. By that, I’ve proven entitlement and curiosity in the subject material beneath litigation.
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