Local Govt., Elections In Ogun State: No Law Backs The Payment Of Any Administrative Fees. Lawyer Tells OGSIEC
The immediate past Vice Chairman, Nigerian Bar Association, Ijebu-Ode, branch; Moruff Balogun,Esq. has berated OGSIEC for charging administrative fees from the candidates in the forthcoming local government elections.
The forthcoming local government elections in Ogun State have been slated for Saturday, November 2024. This is according to the statement disclosed and made available to the public by the Ogun State Independent Electoral Commission.
Without doubt, the development to have the elections in November, 2024 is as a result of the Supreme Court judgment on the autonomy of the local governments in Nigeria.
The Apex Court re-affirmed the provision of section 7(1) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) stating that only the democratically elected persons can man and parade themselves as chairmen of local government councils in Nigeria.
Ogun state Independent Electoral Commission Law, 2006, in its Section 3 provides for the establishment of the electoral body to conduct local government elections in Ogun State.It provides:
“There is hereby established for the State, a body to be known as the Ogun State Independent Electoral Commission.”
The commission “OGSIEC” shall perform the functions stated under section 14 of the same law i.e to organize, undertake and supervise all elections to local government councils in the state.
The introduction of the fees called “administrative fees” i.e N250,000 for chairmanship candidates, N150,000 for councillorship (Male) and N100,000 councillorship (female) is what the OGSIEC should withdraw with immediate effect.
The commission is the creation of the law, and can not do anything or take any step/decision that is antithetical to the law creating it.
The Ogun State Independent Electoral Commission Law, 2006 is clear and explicit on the funds of the commission.
Section 18(1) of the said law provides: “The funds of the commission shall consist of such sums as the state government may from time to time provide”.
OGSIEC should not make it look as if the political parties or their candidates were the ones funding the commission. He who pays the piper calls the tune.
We are ready to challenge the so-called administrative fees in court if not withdrawn by OGSIEC within the next 7 days.
The commission should learn from the decision of Governor Dapo Abiodun, who ordered the refund and further suspension of the N10,000 application fees for jobs.
