LGs Financial Autonomy: Makinde’s Axe Of Damocles Over Oyo HLAs, DAGS, DFs.
When a Yoruba man gets a job in the Civil service, regardless of whether it is at the Local Government, state or the Federal level, there is a prayer commonly prayed for such person: ” oko, Oba, ati ada Oba ko ni sa e lese”.
Oko in Yoruba translates as a hoe and Ada means a cutlass.
You will wonder the correlation between this farm instruments and the civil service.
In Yoruba Land, Oko Oba and Ada Oba are symbolically used in prayer for someone in the civil service because this are farm instruments that could inflict wounds on the user either by mistake, carelessness or as a result of the stupidity of the user.
So, when a Yoruba man prays for a civil servants in that manner, he is praying that either by mistake, by recklessness or by stupidity, such a civil servant will not engage in acts that is capable of putting him or her in trouble.
The “Oba” in the prayer line symbolizes the Law.
There is an axe of Damocles hanging over Local Government Career Officers in Oyo state.
Governor Makinde is wielding the axe and those in danger of the consequences of this dangling axe include the Heads of Local Government Administrations and Directors of Finance for the 33 Local Governments.
I have decided to leave out the politicians who have one role or the other to play in the process of compliance with the judgment of the Supreme Court because of my belief in the statement by our Elders.
” Gambari pa Fulani, ko lejo ninu'”, they will say because of the wrong impression they had of the Hausas and the Fulanis being one and the same.
If any political appointee of the Governor wishes to demonstrate loyalty to him by being in contempt of the judgment of the Supreme Court, Agodi and Abolongo are not built for keeping goats.
I am sure that the Local Government officials are aware of the judgment of the Supreme Court.
I am equally aware that, as senior members of the National Union of Local Governments Employees, ( NULGE), the position of the Body, embracing the judgment of the Supreme Court is equally known to them.
Local Government Chairmen are the Chief accounting officers for the Local Governments not the Governors.
Even before the Supreme Court delivered the judgment granting full financial Autonomy to the Local Governments, there is no Law that takes away the responsibilities to account for whatever a Local Government received as monthly Allocations from the Local Government Chairmen, the HLAs and the DFs.
The responsibilities of processing funds in the Local Governments is triangular.
While the Local Government Chairmen are responsible for signing the payment schedules, the Directors of Personnel, later known as Heads of Local Governments Administration and the Directors of Finance deals with the Local Government Cheques. Both are signatories.
There is no where the Commissioners for Finance and that of Local Governments, Governors or anyone for that matter outside the Council Chairman, HLA and DF plays any role in the disbursement of the resources of the Local Governments.
The only business the Local Governments have with the state Government under the old order is just to secure approvals to spend above a particular limit.
I have taken the pain to explain the above so as to reemphasize the enormous responsibilities placed on the HLAs and DFs in the process of compliance with the judgment of the Supreme court and how it is easy for them to enter the ” Takute” of ” Oko Oba” and ” Ada Oba” in the discharge of this sensitive responsibilities.
I am certain that the HLAs and DFs in Oyo state are fully aware of the determination of Governor Seyi Makinde and the 33 Local Government Chairmen in Oyo state to comply with the judgment of the Supreme Court ” in line with home grown solutions”.
As a former Supervisor for Works in my Local Government, I have the privilege of making friends with the Career Officers in question.
I can personally attest to the high level of competence, Education and exposure of this fantastic civil servants.
I can vouch for them that they know that there is nothing known as ” complying with Judgment of courts in line with home grown solutions”.
The judgment of the Supreme Court with respect to the financial Autonomy For Local Governments are declarative and for emphasis, I will like to reproduce some of the Declarations of the court .
The Supreme Court held as follows:
A Declaration that, by virtue of section 162(3) and (5) of the Constitution of the Federal Republic of Nigeria, 1999, the amount standing to the credit of Local Government Councils in the Federation Account shall be distributed to them and be paid directly to them.
A Declaration that a State, either by itself or its Governor or other agencies, has no power to keep, control, manage, or disburse in any manner, allocations from the Federation Account to Local Government Councils.
A Declaration that the current practice of States keeping, controlling, managing and disbursing Local Government allocations from Federation Account is unconstitutional and illegal.
A Declaration that a Local Government Council is entitled to a direct payment from the Federation Account of the amount standing to its credit in the said Federation Account.
An ORDER of injunction restraining the Defendants by themselves, their privies, agents, officials or howsoever called, from further collecting, receiving, spending or tampering with Local Government Council funds from the Federation Account for the benefit of Local Government Councils.
An ORDER that the Federation or Federal Government or through its relevant officials, forthwith commence the direct payment to each Local Government Council of the amount standing to the credit of each of them in the Federation Account.
An ORDER of immediate compliance by the States, through their elected or appointed officials and public officers, with the terms of this Judgment and orders made in this Suit, and successive compliance by successive State Government officials and public officers.
These are far reaching decisions from the Apex Court of the Land which the HLAs and DFs must take notice of and comply with.
As a result of this judgment, there are no rooms for the excuse that payments are made as directed by the state Governors or anyone acting for them.
The HLAs and DFs in Oyo state, I’m sure are aware of the antics of the Governor and the 33 Local Government Chairmen.
The decision by the Chairmen to either remain in ALGON or exit ALGON to float a new Association will hold no water in the face of the judgment of the Supreme Court.
The Local Government Chairmen in Oyo state are free to junket from one Association to the other if they so wish.
The important thing at this point is that the Local Government HLAs and DFs have been forbidden from taking any directives from the Governor or anyone claiming to act on his behalf in respect of the disbursement and spending of Local Government allocations from the Federation Account.
That is the judgment of the Apex Court and that is the Law moving forward.
The ALGON in Nigeria has taken a bold step by engaging the services of a renown Constitutional Lawyer to ensure full compliance with the judgment of the Apex Court.
It is obvious that Governor Makinde and the 33 Local Government Chairmen are not comfortable with this noble decision even though they are not bold enough to register and ventilate their displeasures in court.
They are looking for those who will take the bullets on their behalf and I’m sure the Career Officers will not be the scapegoats.
I must make it clear that more than ever before, all eyes are fixated on the Career Officers watching them to see whether they will engage in any acts of criminality.
Unfortunately for them, they and the Chairmen are easy to deal with.
They do not possess immunity from prosecution like the state Governors.
Oko Oba, Ada Oba, ko nii sa wa lese o.
I rest my case.
SOLA ABEGUNDE.