All NewsJudiciaryNews

Independence of Judiciary, LG autonomy will enthrone patriotism, sense of belonging, development – Barr. Igwe

Tuesday’s Debate By Members of the National Assembly On Clause By Clause Adoption of the New Constitution

By Cajetan Muta

Dr. Obiora Edogor of the Department of Mass Communication, Nnamdi Azikiwe University, Awka, Anambra state in his reaction said, that “Value Added Tax (VAT) should be in the concurrent list, pointing out that “This is very necessary because in many cases some states bear a lot of burdens through the activities of the organizations generating the VAT. So, the interest of states where the VAT would come out needs to be considered, that’s why VAT has to be on the concurrent list.

On the Independence of the Judiciary and Legislature and finances drawn directly from the first-line charge, he “I wholeheartedly support that the finances of the judiciary and legislature be drawn directly from first-line charges. According to Dr. Edogor, “That’s only when we can say that the two important arms of government that are very crucial to the people are independent.

He said, “An age-long maxim in journalism says that, ‘he who pays the piper dictates the tune.’ If the judiciary that is fondly called the last hope of the common man is not completely independent from the executive’s financial control, then, the common man is still in chains. Similarly, if the legislature that consists of the delegated representatives of the people is not made free from being financed by the executive, the simple implication is that they (the executive) can still dictate for the legislature. That indirectly means that the masses who should have sovereignty in ideal democracy are still under the ‘armpit’ of the executive. Such a situation is squarely not democracy, but what I can describe as ‘executory;’ a system where the executive commands supremacy over the other arms of government. It should not be allowed in our system, because it has no place within the ambit of our laws.

Also, on the total independence of local government councils from the control of state Governors, the Mass Communication lecturer said, “I am in full support of total independence of the local government councils from the control of the state governors. For crying out loud, we have a local government council in Nigeria as the third tier of government, why should the state pocket them? It wasn’t an error that the Constitution of Nigeria has local government councils as a tier of the government.

“The local government is the tier of government that is the closest to the people at the grassroots. As the federal government does not hold any state, no state should be allowed to hold any of its local government councils ‘captive.’ Local governments have more chances of impacting on the lives of a greater number of people at the grassroots than other tiers of government; I just believe that once local governments flourish, the lives and welfare of more people will flourish,” he stated.

Also, Barrister Igwe Chika of the Department of Political Science and Sociology, Nnamdi Azikiwe University, Awka, said “I think that if we are practicing one Nigeria and we have the interest of the poor masses at heart, then VAT should be under the exclusive legislative list in such a situation that when a law is made by the National Assembly, it has a rippling effect all over the country. now, what it means is that, if VAT is under the concurrent list, it means that both states and federal governments might make laws on the issue of VAT and it might lead to double taxation which will boomerang on the poor masses who are the end-users and who are also larger in population in Nigeria and their income is not increasing for you to say okay let’s do double taxation to earn more income for the country.”

On the judicial and legislative autonomy, he noted that “It is very sacrosanct because they are already stated in the constitution that the judiciary is independent and the legislature is also independent. These two bodies are empowered by the constitution to prepare their budgets, defend before the houses of assembly of the national assembly and then take the money from the federation account. But what is being practiced in Nigeria is a matter of policy, the economic policy by the ministry of finance and the Central Bank of Nigeria (CBN) whereby they supervise through the economic team either headed by the CBN Governor of the ministry of finance. What they do is that when the budget is being prepared, they also interfere with the budget, reducing the budget for them not minding what those budgets are meant for; they reduce the budget and pay the executive and the executive pays these other organs. In such a situation, there is no independence because he who pays the piper dictates the tune. So, if the judiciary needs N200billion to function and you are giving N90bn, they are already constrained financially and they are bound to dance your tune; so you see the dilapidated nature of the courts; lack or weak facilities, lack of technology, poor allowances for staff and in the absence of these there are bound to take bribe in matters. Even the legislative and other supporting staff are not being treated well, they are poorly paid and all these can reduce their growth, expansion, and ability to lift other legislative bodies.”

“So, there has to be independent of the judiciary and the legislature and they must be allowed to practice what the constitution says; allow them to defend their budgets and take their income from the federation account without interference which is what President Buhari was trying to do when he went through executive order trying to implement. The executive order is just to implement the provision of the constitution but it didn’t go well maybe the Supreme Court said there was no provision in the constitution saying there must use executive order.”

”For local government autonomy, the constitution has already made it that local government is an independent organ of government, it’s a democratic body, they have right to the election, they elect their leaders and manage their affairs but the governors are relying on either section 8 of the constitution that says that state governments shall ensure the existence of local governments. So, to ensure its existence it becomes a discretionary power. Not they are trying to interpret it to suit them, to mean if I don’t conduct election; I appoint an administrative chairman I am also ensuring the existence of local government. If I just control their money and have inflow I am ensuring the existence whereas the local governments have a lot of works to do.’

According to him, “They are ones closer to the grassroots, they bring the people closer to the government, they are just like traditional rulers, they know their localities and constituencies, they have youth empowerments, skills acquisition, fixing of damaged roads, street lights and paying salaries to primary school teachers, education and little, little things they do; transportation in the localities.”

 He said, “These things they do need financial autonomy to function effectively and it also requires democracy for them to be able to grow effectively. So, if we can get financial autonomy for the local government and independence, obviously there will be a high level of development in Nigeria. You see a lot of people working in solidarity and patriotism to build their locality, you see good development.”

“These are things they are lacking in Nigeria. So, the people are being distanced from the government in Nigeria but when you allow them to come closer to the government they feel a sense of belonging. And they bring out their patriotic spirit to build and develop the nation’, Igwe added.

Related Articles

Leave a Reply

Back to top button