The Sokoto State government yesterday declared that the Sultan of Sokoto has no constitutional power to make appointments.
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The Commissioner of Justice, Nasiru Binji, made the clarification while defending the government’s decision to amend the State Local Government and Chieftaincy Law 2008 at the public hearing on the Law.
He also commented on the bill to extend the local government chairmen tenure to three years, saying it is to enable them perform effectively.
Binji explained that the existing Chieftaincy law contravenes the constitution of Nigeria. According to him, 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 on 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 Chieftancy Law give 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 exercise the power, is it not the Governor? This is the reason for the amendment. To correct the mistake of the past,” he said.
If the amended is signed into law, the power of appointing district and village heads would be vested only in the governor. The law will however allow the Sultan to recommend persons for appointment.
Meanwhile, the Sultanate Council has said there was no issue between the Sultan and the State government. This was the first time the Sultanate will be reacting since the Muslim Rights Concern (MURIC) alleged that Governor Alhaji Ahmed Aliyu was plotting to dethrone Sultan Muhammad Abubakar
In a statement, founder and executive director of MURIC, Ishaq Akintola had cited the dethronement of 15 traditional rulers by the state governor in April 2024. The Islamic group also “expressed concern over the sour relationship between the governor and the Sultan”.
But speaking yesterday at the opening of the public hearing on the amendment of the Chieftaincy Law, the Sa’in, Kilgori ((district head of Kilgori) and council member of the Sultanate, Dr. Muhammad Jabbi Kilgori, said the amendment would not strip the Sultan of his powers or functions.
He explained that there is no problem between the Sultan and Governor Aliyu. Kilgori, blamed the tension that resulted from rumoured plot to dethrone the Sultan on those he described as “some enemies who are eager to create problem between the sultanate and the state government.
“There is no issue between the Sultan and Governor Ahmed Aliyu at all. The Sultanate is ready to operate under any law elected through due process.”
We have operated under different laws in the past and we are ready to operate under the new law.
“The Sultanate has operated under the law proposed for amendment for the period of 16 years. The Sultanate is ready to work hand in hand with government,” he said.
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