Addressing the public at the mini chamber of the State House of Assembly, the state Commissioner of Justice, Nasir Binji explained that the former law presented for amendment was inconsistent with Nigeria’s constitution.
He noted that in Nigeria’s constitution, the power only lies with the three arms of government: the Executive, Legislature and Judiciary, not institutions, stressing that the power to appoint is solely vested in the executive arm of government.
He further clarified that the Sultanate council still retains the power to recommend village and district heads for appointments, subject to the Governor’s approval.
Binji explained that the proposed amended law is non-political and not a means to strip the Sultanate Council of its power, adding that other sections of the law to be amended include extending the tenure of elected Local Government chairmen from two years to three years.
Additionally, in section 76 subsection h of the law, the commissioner said the phrase granting the Governor “absolute” power to appoint caretaker committee chairmen of local governments would be removed, as the word is ambiguous.
He said section 76(2) of the law is inconsistent with section 5(2) of the 1999 Constitution as amended.
“Section 5(2) of the constitution stipulates that the executive power to appoint in the state is vested in the Governor directly or through his deputy, commissioners, or any government agent assigned by the Governor. So, there is no power given to the Sultanate Council to appoint. Section 76(2) of the Sokoto Local Government and Chieftaincy Law gives the Sultanate Council the power to appoint district and village heads in the state but with the approval of the sitting Governor.
“So the section is inconsistent with the 1999 constitution as amended and therefore it cannot stand. Because the power to appoint is the executive power and who exercises the power, is it not the Governor? This is the reason for the amendment. To correct the mistake of the past,” he said.
He further explained that the word “absolute” would be removed from the clause as the word is ambiguous.
In his contribution, the state Commissioner for Local Government and Religious Affairs, Ibrahim Adare said the amendment of the law is a good step in the right direction.
He said, “If the law is amended, the village and district heads will get their allowance as at when due and the ministry is in support of the amendment.”
On his part, the Chairperson of the Coalition of Civil Society Organisations in the state, Bello Gwadabawa said if the amendment is for good governance, the organisation is in support of it.
The representative of the Sultanate Council at the hearing, Dr. Muhammad Kilgori said that even before now, the council always consulted the government before appointing or making any decisions concerning any village or district head.
In its submission, Sokoto DNA, a non-governmental organisation, said it is against the amendment of sections 75 and 76, which strips the Sultanate Council of the power to appoint village or district heads.
The leader of the group and former member of the House of Representatives representing the Dange/Shuni/Tureta and Bodinga federal constituency, Dr. Balarabe Kakale explained that the amendment would whittle down the power of the Sultanate Council.
He said, “I want to enjoin the House of Assembly to tread cautiously in amending the law. Now that the Federal Government is trying to assign more roles to traditional rulers for good governance, my state is trying to reduce the power of traditional rulers in the democratic process.
“First in the history of Nigeria that a president would appoint a special adviser on traditional rulers, also in history that the National Assembly constitutes a standing committee on traditional rulers.”
Kakale explained that the organisation has proposed the presentation of a bill for the compulsory teaching of the history of the Sokoto Caliphate at primary, secondary, and tertiary levels.
