(Opinion)
By
Anas Sani Anka
First of all, I will open this article by saying that the suspension of the two local government council chairmen by the Zamfara State House of Assembly comes with a confusing status as people wondered why the duo at a time?
Even while the majority are not surprised with the suspension of Umar Faru, the council chairman for Bukkuyum, because of the strict position he took when the Governor decided to dance out of the PDP for the APC, the suspension of Manir Haidara of Kaura Namoda local government council came to many with surprise.
Simply because his suspension came barely a few hours after he led the conglomerate of members of the G15 political group in announcing the suspension of Umar Faru from the group for his refusal to join the Governor in the defection move.
What are the reasons for the suspension of Haidara, the state Assembly insisted that it was because he refused to honor the invitation of the state Assembly House committee on local government to defend the budget of his local government.
But is this reason enough? For me the answer is no and I am sure more praising issues may come out to justify the suspension of Munir Haidara especially that the public pressure is becoming too tensed.
As a political commentator I so much believed from the inception of the Governor’s defection to APC many political allies and friends are likely to be sacrificed either for their role resisting the new political marriage or for the purposes of political appeasement, alignment and re-alignment.
Since day before Yesterday when the suspension of the two council Chairmen was announced, people have been passing their views especially as regard to the “legality” of the action of the state Assembly of Zamfara.
My usual reaction to some these legal arguments raised by the people is that ik as much as they are expecting “morality” in political decision making then they are being too deceptive.
In politics morality does not matters more, what matters is “permanent interest” because the victims may choses to ignore moral sense of reasoning in their quest for accessing political chances and the same thing with the political actors they may choses to ignore morality for the purpose of achieving political balance.
For me what people should be interested in this suspension of the two council chairmen in Zamfara especially that of Mr. Munir Haidara is the real reasons which are per beyond refusal to honor the invitation of the state assembly committee and for me they may have to do with the “politicking” and as the scene continue more revelations may come out either genuine or those branded with some political coloration.
As for the legal ground of the suspension by the members of the State House of Assembly I think the Supreme Court in the judgment on the suit, marked: SC/CV/343/2024 filed by the AGF against the 36 states’ Attoneys-General has already settled the points of contention.
Specifically, the apex court issued a declaration that “the 36 states of Nigeria, acting through their respective governors and or Houses of Assembly, cannot, using state’s power, derivable from laws enacted by the State House of Assembly (anyhow so-called) lawfully dissolve democratically elected Local Government Councils within the said states.”
The current Attorney General and Minister of Justice has also lend his views that the stars Assembly lacks such powers to suspend an elected council Chairman.
Section 7(1) Constitution of Nigeria 1999 as amended has specifically spoken about the local government autonomy and also protects the tenure of democratically elected council members, making their removal by state actors (governors or assembly) legally illegitimate.
And I think even on the suspension and removal procedure in respect of council Chairman in Nigeria the power was vested on the local government legislatures to determine that not directly as the case may be but like I said since the Constitution has vested the power of making laws on the members of the state Assembly they may make laws that can empower them to cross the constitutional boundaries.
It happened recently in Zamfara when Matawalle as the then Governor of Zamfara opted to use the members of the state assembly to suspend the elected council Chairman for Maradun Ahmad Abubakar Maradun.
He fought the action legally but I think he lost the case at two stages and this is to show that there must be some legal hideouts which state legislatures takes advantage of to descend.
So if the current state assembly in. zamfara can do the same I am sure they must have their legal basis and more or less for the Ministry for local government matters to issue a statement I am sure it might have consulted with the state ministry of Justice for legal validation.
On those advising Mr. Haidara to challenge the action of the State House of assembly in court I think they are only making the situation more complex for him because state powers are non statutorily absolute and more or less if he is interested in continuing with the Governor in one political camp.
What is most important for him is to extend hands of political lobby for the state political actors to reconsider his case because like I pointed earlier political decisions most a time are not instituted on moral ground but rather on political interest.
I wish Manir Haidara peaceful and speedy resolution of this political crises .
