The National Industrial Court sitting in Awka, Anambra State Capital has dismissed the suit filed by immediate past caretaker committee members of the 25 Local Government Councils in Delta State seeking the declaration that the non-payment of their entitlements as political appointees upon severance is illegal and unconstitutional.
Hon Justice Waziri Abali while ruling in favor of the State Counsel Barrister Thomas Anigara’s submission that represented Delta State Government in the matter, said caretaker committee members are not known to law.
Hon Justice Waziri Abali maintained that the learned State Counsel was right when he submitted that section 7 sub section one of the constitution of the Federal Republic of Nigeria 1999 (as amended) provides that “the system of Local Government by democratically elected Local Government Counsel is under this constitution guaranteed and accordingly, the government of every State shall subject to section 8 of the constitution, ensure their existence under a law which provides for the establishment, structure, composition, finance and function of such councils”.
His Lordship who relied on Barrister Anigara’s submission ruled that by virtue of the provisions of section one sub section one and three of the 1999 constitution, any law that is inconsistent with the constitution shall to the extent of its inconsistency be null and void, saying this position of the law was adopted in the case of NUT, Niger State vs Cosst. Niger State (2012) 10 NWLR (PT 1307) Pg 96 Ratio 4 and A.S.H.A vs TIJJANI (2012) 8 NWLR (PT 1303) Ratio I.
Hon Justice Abali also ruled that it was noted by the supreme Court in the case of Chigozie Eze and Ors vs Governor of Abia State & ORS (2014) LPELR 23276 (SC) PP 32-33 paragraph G-C, Per Aka-ahs JSC that ;… appointment of caretaker committee members in councils by State Governors in this country is not only illegal but highly undemocratic”.
His Lordship stressed that it is true that where the operations of the Local Government Council fall outside the provision of section 7 sub section one of the 1999 constitution of Nigeria as(amended) no action flow from such illegal and unconstitutional operation.
He further stated that flowing from the decisions of both Supreme Court and Court of appeal as per the interpretation of section 7 sub section one of the 1999 constitution of Nigeria, “any person who accepted an appointment into the local government council not mainstream local government administration but the council i.e political office holder other than through a democratic election in keeping with section 7 (1) of the constitution cannot later come to court and expert the court to entertain such action tainted with unconstitutionality”.
Barrister Thomas Anigara who thanked the judge after his ruling said the ruling is in the right direction and would put to rest the controversy of the legality of the appointment of caretaker committee members in Council Areas of a State.
