Local Government Caretaker Committee is Unconstitutional – Industrial Court Rules
The Presiding Judge, Bauchi Judicial Division of the National Industrial Court, Hon. Justice Mustapha Tijjani has dismissed the case filed by Hon. Balarabe Dandija and 2 others, suing for themselves and on behalf of 78 Councilors who served for two statutory tenures as members of the 20 Local Government Caretaker Committees of Bauchi State between September 2011 and May 2014 against the Bauchi State Government for lacking merit.
The Court held that Hon. Balarabe Dandija and others failed to prove entitlement claimed as their appointments as members of Local Government Caretaker Committees was unconstitutional, illegal, void and of no effect whatsoever.
Justice Tijjani reiterated that the practice by which State Governors render the State House of Assembly as mere appendages to the Governor’s Office when Governors ask them to jump the constitution by enacting law enabling the Governor to sack democratically elected Local Councils and replacing same with a caretaker committee is an aberration to the Nigerian constitution and an affront to the democratic principles.
From facts, the Claimants- Hon. Balarabe Dandija and others had submitted that they were not paid their Furniture Allowances and Severance Gratuities for the two statutory tenures they served as members of Caretaker Committees of the 20 Local Governments of Bauchi State.
They averred that by the provisions of Remuneration of Public and Political Office Holders Law, 2007 of Bauchi State, they were entitled to be paid the sum of monies equivalent to Three Hundred Percent (300%) of their Annual Basic Salary as Furniture Allowance and Severance Gratuities respectively.
In defence, the defendants- Bauchi State Government contended that Hon. Balarabe Dandija and others are not entitled to either Severance Gratuity or Furniture Allowance that Bauchi State Local Government Councils (Appointment of Caretaker Committees) Law, 2006 does not contemplate for such and the Remuneration of Public and Political Office Holders Law 2007 of the Bauchi State is a nullity to the extent of its conflict and inconsistency with the clear provisions of the 1999 Constitution of the Federal Republic of Nigeria.
Counsel to the Bauchi State Government contended that the Legislative Council of a Local Government is not mentioned by the Constitution and the Supervisory Councilors do not qualify as legislatures in the contemplation of the Constitution.
In opposition, the Counsel to Hon. Balarabe Dandija and others contended that the Defendant misconstrued the provision of the Constitution and argued that the correct position of the law is that where the remuneration is to be charged upon the Consolidated Revenue of the State or Joint Account of the State and Local Government, it is within the legislative competence of the State House of Assembly to provide for payment of such remuneration.
Delivering judgment after careful consideration of the submission of both parties, the presiding judge, Hon. Justice Mustapha Tijjani held that the names of Hon. Balarabe Dandija and others have not been captured under the Constitution and cannot claim any benefit purported to have been conferred on them under the said law.
Justice Tijjani held that a system of Local Government by Democratically elected Local Government Councils is what the constitution recognises and guarantees, and every State Governor that fails to conduct Local Council election is in breach of the constitution.
Justice Tijjani reiterated that the law pursuant to which Hon. Balarabe Dandija and others were appointed as Caretaker Committees of the 20 Local Governments of Bauchi State in September 2011 by the Bauchi State Governor, having contravened Section 7 (1) of the CFRN 1999 (as amended), is null, void and unconstitutional.
The Court ruled that Hon. Balarabe Dandija and others’ appointments are not only a nullity but also a product of illegality and the court cannot confer any legal right on them that can be enforced.
