Applying that rules of expressio unius exclusio  alterius, which when applied excluded all functions not specifically granted by the constitution, one is tempted to agree with the suggestion that the role of Local government Councils are limited to the functions enumerated in the 4th schedule . However, it is still within the province of the state to ensure under a law which provides for the establishment, structure, composition, finance and functions of such councils.

This clause under section 7 of the constitution is the reason for my submission that the state can add to the functions of the local government councils and in that regard, provides the constitutionality of any other role or roles attached to local governments.

It is in this regard that the constitutionality of the community government councils is not in doubt as an additional role created for local governments by the Imo state government to ensure grass root development. My view is that the community governments Councils are part of the local government system by virtue of which they are integrated components and therefore entitled to funding from the local government allocations.

However, the laws creating the community government councils are in some circumstances, vague in its provisions, with unacceptable vacuums, implementations flaws and seemly poor understanding of its subject of legislation. The lack of clarity has led to its challenge as a constitutional aberration and no law officer of the state has offered clarity on some questions asked especially on its constitutionality and conflicts with existing structures and institutions.

There are necessary legislative amendments for the community government to be meaningful in Imo State and so much legislative potholes that needs to be filled. However with the creation of G.L.O offices under the system which duplicates the office of the C.L.O. offices, it appears more seemly as an institution for political coercion rather than community administration which undermines a level playing field for all comers.

However, on the other hand, the house of assembly of a state cannot take away from the local government council whatever role the constitution has provided for them.

Indeed this issue came up for consideration before Oputa CJ, high court of Owerri in EKEOCHA V. THE CIVIL SERVICE COMMISSION IMO STATE (1981) I NCLR 154 164. Where the learned judge stated, “in the construction of statutes, you must not construe the words so as to take away rights which already existed, before the statute was passed unless you have plain words which indicate that such was the intention of the legislature”

It therefore amounts to taking away from the list, the role of local governments when the states manage refuse, motor parks, and markets, collect taxes due to local government councils and thereby interfere with the constitutional mandate of the local government councils. In addition, usurping the functions of “a democratically elected “council men and substituting them with sole administrators” Inspite of the constitutional guarantees.

It however amounts to adding to the roles of local governments when the State creates the community government councils in every local government Area to bring grass root development to communities but to assert their independence outside the forum domesticum of the local government areas is not commonsensical and or legally plausible.

Do you agree?

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