Date: 2017-02-16

Following the extension of tenure of the Transition Implementation Committee (TIC) chairmen for three months by Governor Abdulfatah Ahmed, fresh appointees may be nominated by the executive to replace them upon expiration of their term in office, National Pilot gathered last night.

But, the Kwara State Independent Electoral Commission (KWASIEC) refused to say anything on the issue yesterday.

According to a highly place government source, who confided on the issue last night because he was not authorised to speak on the matter, the local government election may be conducted later in the year.

The source said with the extension of the tenure of the TIC appointees on Tuesday by the governor, nothing suggests there is any concrete plan for the council poll in the state.

He added that with the extension, there should have been a ninety (90) days notice (three months) for the conduct of the election. "With the look of things, I can tell you that there is high possibility that the election will not be conducted at the end of tenure of the present TIC chairmen in May. There is absolutely nothing on ground to suggest that.

"What might likely happen is the nomination of appointees to take over from them and run affairs of the local council. What the law says is that the tenure of the TIC cannot be extended beyond six months at a particular time.

"Whichever way the opposition wants to look at it, there are states in the country that don’t have elected council chairmen or caretaker committee for years and heaven has not fallen.

"At the end of the day, the council election, if it will hold, may come up towards end of the year when hopefully the economy and political situation would have improved in the state and across the country. And interestingly, you can see that the local INEC (KWASIEC) is not even saying anything for now. Their silence is very instructive", the source added.

Another top source, who also spoke on the issue last night, said that the decision to be adopted at the end of the tenure of the TIC appointees lies in the hands of the governor and the Attorney General and Commissioner for Justice in the state.

According to the source, decision on the issue depends on the governor in line with the legal advice of the Attorney General. But be rest assured that His Excellency will not do anything that will run foul of the law at the end of the day. I can assure you of that", the source added.

The Commissioner for Justice and Attorney General, Barrister Kalmaldeen Ajibade declined comment on the matter when this medium reached out to him on the issue. "No comment, speak to KWASIEC", the commissioner added.

When National Pilot contacted the chairman of KWASIEC, Alhaji Uthman Ajidagba last night, he was tactically evasive. "See my commissioner- in- charge of information for anything on that" But when reminded that the publication is coming out tomorrow, the KWASIEC boss said "come to the office tomorrow."

Responding to the development, the Iyiola Oyedepo led faction of the Peoples Democratic Party (PDP), told National Pilot that the party is ready to drag the state government to court over the issue. He said the party has no option than to take legal action over the development. "We initially went to court when the tenure of the former chairman of Offa Local Government was extended last year and we have been calling for the conduct of election poll before they appointed the TIC. But with the latest development, we have no other option than to approach the court now. "I can assure you that we will be in court tomorrow over the issue. The appointment of the TIC chairmen is illegal in the first place not to talk of the extension.

Similarly, the Secretary of the Labour Party in the state, Comrade AbdulMumini Onagun said as far as the party is concerned "the extension is illegal and we stand by our earlier position in calling for election. "We also call on other democrats to appeal to KWASIEC and other authorities concerned to conduct the local government election forthwith. We have been preparing for this and the ruling party should summon the courage to conduct the poll".

However, the issue generated differing discourse among some lawyers last night. According to a former Secretary-General of the Ilorin Bar, Sulyman Abaya, the extension of tenure is illegal and not in tandem with the provision of section 7(1) of the 1999 constitution as amended, adding that the law has already settled the issue.

"The House of Assembly can only make laws for the conduct of a bye election and not for caretaker committees. What the law envisage is that before the expiration of the term of office of the incumbent, the party should have submitted the name of a candidate, now there is no known incumbent and you place illegality on illegality.

Another lawyer who spoke with this medium anonymously described the issue as worrisome, adding that it is not a must to have TIC chairmen in place. "IT's not a must that we have TIC in place. At the end of their tenure, they may be directed to handover to their various DPMs. "You know all over the state, everybody and even the government are complaining of lack of money. Now if the situation doesn't improve, anything is possible", the lawyer added. The TIC are only legally allowed to spend six months.

Meanwhile, the Kwara State Government has extended the tenure of caretaker committees of the sixteen local government councils in the State by three months. The extension was conveyed by the State Governor, Alhaji Abdulfatah Ahmed in a letter sent to the Speaker of the state House of Assembly, Dr. Ali Ahmad on Tuesday.

Governor Ahmed explained that the extension is to ensure continuity of administration pending the conduct of elections into the local councils. The governor noted that extension of tenure of the caretaker committees is in accordance with Section 18(5) & (8) of the Kwara State Local Government Law 2006, which vested powers on him to extend the period of dissolution of the local government council and the caretaker committees for three months at any given time.

The caretaker committees were inaugurated on 15 November, 2016 for a period of three months, which expired on Tuesday, 14 February 2017.