The Sokoto State government has stated that the Sultan of Sokoto is not constitutionally empowered to appoint anyone.
The state Commissioner of Justice, Barrister Nasiru Binji, stated this on Tuesday while speaking at the public hearing on the Sokoto Local Government and Chieftaincy Law 2008.
Binji said that the existing Chieftaincy Law in the state 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 in the Governor directly or through his deputy, commissioners or any government agent assigned by the Governor.
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“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 an 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.
The commissioner added that the bill to extend the local government chairmen’s tenure to three years is to enable them perform effectively.
