1. APPOINTMENT OF LOCAL COUNCIL CARETAKERS: A
CONSTITUTIONAL ABERRATION
Local Government Councils are a creation of the Constitution of the Federal Republic of
Nigeria. The essentiality of the Constitution’s supremacy has been succinctly stated in Section
1 Constitution of the Federal Republic of Nigeria (CFRN) 1999 (3rd Alteration) as follows:
“the Constitution is supreme and its provision shall have a binding force on the authorities
and persons throughout the Federal Republic of Nigeria”. The purport of this section is
clearly understood and has received judicial pronouncement by Nikki Tobi JSC in the case of
Chief Olafisoye v Federal Republic of Nigeria (2004) 4 NWL R (Pt. 864) 580 where he stated:
“As our country is sovereign, so too our Constitution and this court (Supreme court) will
always bow or kowtow to the sovereign nature of our Constitution, a sovereignty which gives
rise to its supremacy over all laws of the land, including decisions by foreign courts”. It is
therefore clear that the courts are ready to protect the sanctity of the Constitution and would
not allow any individual or authority to subjugate the position of the Constitution either by
actions or other enactments.
The Constitution as the grundnorm provides for the effective and efficient administration of
the country; especially as to continued governance and change of administration. Section 1 (2)
CFRN 1999 (3rd alteration) states clearly: “the Federal Republic of Nigeria shall not be
governed nor shall any persons or group of persons take control of the government of Nigeria
or any part thereof, except in accordance with the provisions of this Constitution.” The whole
essence of this section is definitely to ensure that the arms of government especially the
executive arm which is always susceptible to military intervention is properly administered by
the dictates of the Constitution. The Constitution further went ahead to clearly create the
various levels of government in Nigeria, as well as creating the procedures for occupying
those sacred offices. Section 130 (1) & (2) CFRN 1999 (3rd Alteration) states: “There shall
be for the Federation a President. The President shall be the Head of State, the Chief
Executive of the Federation and Commander-in-Chief of the Armed Forces of the
Federation.” Section 132 CFRN 1999 further states that: “An election to the office of
President shall be held on a date to be appointed by the Independent National Electoral
Commission.” The combined effect of the two provisions of the Constitution would literally
mean that Nigeria is to be governed by a president and such office can only be occupied after
the conduct of elections by the electoral umpire, INEC. Section 176 CFRN 1999 (3rd
Alteration) also creates the office of the governor, stating in Section 178, that there must be
conduct of election into the office. There however seems to be a vacuum thereafter as the
Constitution suddenly became silent on the local government councils. However, a recourse

2. APPOINTMENT OF LOCAL COUNCIL CARETAKERS: A
CONSTITUTIONAL ABERRATION
to Section 8 CFRN 1999 (3rd Alteration) would be seen to have taken care of the vacuum.
Section 8 states: The system of local government by democratically elected local government
councils is under this Constitution guaranteed…” The Constitution further went to create an
independent electoral umpire for the council elections to be known as State Independent
Electoral Commission (SIEC). Section 4, Part II 3rd Schedule CFRN 1999 (3rd Alteration)
succinctly described the functions of SIEC as follows “the Commission shall have power (a)
to organise, undertake and supervise all elections to local government councils within the
State.” A combined reading of Section 8 CFRN 1999 (3rd Alteration) and Section 4 Part II 3rd
Schedule CFRN 1999 (3rd Alteration) can be seen to have clearly created the Local
Government Councils as well as ensuring that it is administered by an electoral process. It
further states the body to administer the electoral process as well as the composition of the
body. The Constitution has definitely not left a vacuum for the administration of the local
government councils in Nigeria.
Having therefore established the autonomy of the Local Government Council as an
independent level of government; the structure upon which it is to be run must as of necessity
be properly defined. Section 7 CFRN 1999 (3rd Alteration) has entrusted into the hands of the
State Government that responsibility; “… the Government of every State shall, subject to
section 8 of this Constitution, ensure their (Local Government Council) existence under a
Law which provides for the establishment, structure, composition, finance and functions of
such councils.” Once that power has been properly exercised, the government of the state has
no responsibility of intermeddling with the affairs of the local government council. It should
immediately hands off and allow the council conduct its activities in accordance with the
various provisions of the Constitution. Fortunately, most state governments have put into
place a mimic presidential system of government at the Local Government Areas; a system
whereby there is the Office of the Executive Chairman, who exercises the executive powers of
the Local Government Council and also the Legislative Council comprising of different ward
members exercising the legislative powers of the Local Government Area. This is definitely
in line with the provisions of the Constitution of the Federal Republic of Nigeria.
However, having obeyed the provision of the Constitution in Section7 CFRN 1999 (3rd
Alteration) in establishing the structures for the administration of the Local Government
Areas, the State Governors have wilfully circumvented the Constitution by installation of
Caretaker Chairmen pending the conduct of local government elections which in many cases
are never conducted. This definitely is an aberration of the Constitution and gross misconduct

3. APPOINTMENT OF LOCAL COUNCIL CARETAKERS: A
CONSTITUTIONAL ABERRATION
by the State Governors. The governors having sworn an oath to protect the Constitution have
put themselves in the position of custodians of same; this oath must therefore be kept
religiously without any deviation. Appointment of caretaker chairmen is a direct violation of
Section 1 (2) & 8 CFRN 1999 (3rd alteration), as such official have not been elected by the
prescribed procedure of the Constitution. The Constitution as the grundnorm is therefore
being breached by the custodians saddled with the responsibility to protect her.
The Constitution in ensuring her personal sacredness has declared any act of violation as
gross misconduct; the interpretation section under Part I Fifth Schedule Paragraph 19 CFRN
1999 (3rd alteration) clearly defines gross misconduct as: “misconduct means breach of the
Oath of Allegiance or oath of office of a member or breach of the provisions of this
Constitution or a misconduct of such nature as amounts to bribery or corruption or false
declaration of assets and liabilities.” The Constitution has further gone ahead to declare
severe punishment for any public official who commits such Constitutional breach. It clearly
provides that in instances where such Constitutional breach is committed by the President,
Vice-President, Governors, Deputy Governors; they become liable to impeachment. Section
143 CFRN 1999 (3rd alteration) declares as follows: “(1) The President or Vice-President may
be removed from office in accordance with the provisions of this section. (2) Whenever a
notice of any allegation in writing signed by not less than one-third of the members of the
National Assembly: (a) is presented to the President of the Senate; (b) stating that the holder
of the office of President or Vice-President is guilty of gross misconduct in the performance of
the functions of his office…” Also, Section 188 CFRN 1999 (3rd alteration) declares as
follows: “(1) The Governor or Deputy Governor of a state may Removal of Governor be
removed from office in accordance with the provisions or Deputy Governor of this section
from office. (2) Whenever a notice of any allegation in writing signed by not less than one-
third of the members of the House of Assembly (b) stating that the holder of such office is
guilty of gross misconduct in the performance of the functions of his office…” It is therefore
clear from the foregoing provisions and combined interpretation of the various provisions that
the installation of caretaker chairmen is a gross violation of the Constitution for which erring
governors that continue to luxuriate in such illegality need to be impeached forthwith.
Akinpelu Ayokunle Oluwatobi - Lagos based Lawyer.
akinpeluayokunle@yahoo.com