A former lawmaker and member of the 5th Oyo State House of Assembly, Hon. Femi Josiah, has faulted critics of Governor Seyi Makinde over his position on local government autonomy, urging the media and members of the public to properly examine the provisions of the 1999 Constitution before drawing conclusions from the governor’s remarks.
Hon. Josiah gave the clarification on Saturday via a recorded voice not reaction to the criticism trailed Makinde’s commissioning of projects executed by Ibadan North and Ibadan North East Local Governments on Thursday and Friday.
The former lawmaker, who spoke against what he described as the “misinterpretation and misrepresentation” of Makinde’s position, said the governor did not reject local government administration or oppose the principle of local government autonomy.
Rather, he argued that Makinde was speaking within the context of the existing constitutional framework governing the relationship between state governments and local government councils in Nigeria.
He said: “He never said he didn’t believe in local government administration. What he said is that local government administration is under the states as stipulated in Sections 7 and 8 of the Constitution. It is your understanding and interpretation of what he said that is the problem here.”
The former lawmaker made the clarification while reacting to criticisms of the governor’s position, particularly media commentaries on an Ibadan based radio station which, according to him, appeared to suggest that Makinde was opposed to local government autonomy.
He maintained that the debate should be anchored on the actual provisions of the Constitution rather than political interpretations or media narratives.
According to him, the constitutional provisions relating to local government administration must be considered alongside the provisions governing the sharing and disbursement of funds from the Federation Account.
He specifically drew attention to Section 162 of the Constitution, arguing that its provisions on the Federation Account and allocation of funds could not simply be ignored in the ongoing debate over local government autonomy.
“The Supreme Court judgment remains ambiguous so long as the joint allocation section of the Constitution remains unamended. Section 162 in our Constitution is not ambiguous,” he said.
The former lawmaker therefore challenged the Federal Government and the National Assembly to address the constitutional questions surrounding local government autonomy through the appropriate amendment process.
He said President Bola Ahmed Tinubu should use his influence with the National Assembly, which is controlled by the ruling All Progressives Congress (APC), to initiate the necessary constitutional amendments if the Federal Government genuinely wants to establish a system of local government autonomy that is beyond dispute.
“Let President Tinubu push for the amendment with the APC-controlled National Assembly and let us see that governor that will go against it. This stalemate will continue if the needful is not done,” he said.
The former legislator, who said he was speaking from his experience as a former lawmaker, argued that the present controversy was partly a consequence of inconsistencies between the constitutional framework and the manner in which local government autonomy is being interpreted and implemented.
“And I say this as a former lawmaker who understands the bureaucracy and workings of government,” he added.
He further argued that the Constitution does not expressly establish local government as a separate tier of government in the manner it is often portrayed in public discourse.
According to him, the relevant provisions of the Constitution, including the Fourth Schedule and Section 7, should be examined carefully by those participating in the debate.
He urged journalists, commentators and members of the public to independently verify the relevant constitutional provisions instead of relying on political narratives.
“All these informations are online for you to fact-check. Let us stop misleading the public,” he said.
The former lawmaker also recalled President Tinubu’s experience as the former governor of Lagos State, noting that Tinubu had previously challenged the Federal Government under former President Olusegun Obasanjo over issues relating to local government administration and the disbursement of funds.
He said the Supreme Court subsequently ruled in favour of Tinubu and other governors who participated in the legal action.
He argued that the development demonstrated that the constitutional and legal questions surrounding local government administration were not new and should be addressed through the proper legal and constitutional channels.
According to him, while the pursuit of local government autonomy is legitimate and good step in the right direction, the process must take cognisance of the existing constitutional provisions.
“Now that he is President and is seeking local government autonomy, it is in order. But don’t seek local government autonomy when the law is still intact. Nobody does that,” he said.
The former lawmaker warned that attempting to operate two competing interpretations of the constitutional framework simultaneously could create further confusion and institutional conflict.
“I don’t know any country where two sets of laws can operate at the same time without expecting to have a crisis,” he said.
He consequently appealed to political actors to stop turning the issue into a partisan battle, stressing that the welfare and interests of ordinary Nigerians should remain the central consideration saying “We can’t continue to play politics with people’s welfare,” he said.
The former lawmaker further challenged lawyers and other legal practitioners who disagree with his views and position to point out where his interpretation contradicts the Constitution.
He stressed that the Constitution remained the supreme law of the land and that other laws, policies and actions must conform to its provisions.
“The Constitution is superior to every other law, and all other laws must be in agreement with it. Where any law is inconsistent with the Constitution, the Constitution prevails,” he said.
He maintained that the ongoing controversy could only be permanently resolved if the relevant constitutional provisions were amended to clearly reflect the desired model of local government autonomy.
Until such an amendment is carried out, he said, political leaders and commentators should refrain from accusing state governments of violating a system that has not been fully incorporated into the constitutional framework.
He called on the media to exercise greater responsibility in reporting sensitive constitutional and political issues, warning that inaccurate interpretation of public statements could mislead citizens and further deepen political tensions.
He said the focus should now shift from accusations and counter-accusations to the National Assembly, where the necessary constitutional amendments could be considered.
“Until the Constitution is amended to suit what is desired, this will remain so and nobody should blame the government,” he said.
The former lawmaker urged Nigerians to study the relevant constitutional provisions and allow the debate on local government autonomy to be guided by law rather than what he called political expediency.
“Enough of this misinformation and misleading of the public. Let us be properly guided and stop misleading the public,” he stated.