The Sokoto State government has clarified that, constitutionally, the Sultan of Sokoto has no authority to appoint individuals to official positions.
During a public hearing on the Sokoto Local Government and Chieftaincy Law 2008, held on Tuesday, Commissioner of Justice, Barrister Nasiru Binji, emphasized that the current Chieftaincy law in the state is in conflict with the Nigerian Constitution.
Barrister Binji pointed out that Section 76(2) of the Chieftaincy Law contradicts Section 5(2) of the 1999 Constitution, as amended.
“Section 5(2) of the constitution stipulates that the executive power to appoint within the state is vested in the Governor, directly or through his deputy, commissioners, or any government agent assigned by the Governor,” he explained.
He continued, “There is no authority granted to the Sultanate Council to make such appointments. Section 76(2) of the Sokoto Local Government and Chieftaincy Law gives the Sultanate Council the power to appoint district and village heads, subject to the approval of the sitting Governor. However, this section is inconsistent with the 1999 Constitution and, therefore, cannot stand. The executive power to appoint rests with the Governor, and this amendment aims to rectify past errors.”
Additionally, on the proposed bill to extend the tenure of local government chairmen to three years, Barrister Binji stated that this extension is intended to enable them to perform their duties more effectively.
