A PDP chieftain in Kaduna state, Barrister J.D Ephraim has this to say with regards to the recent creation of three metropolitan Authorities by the Nasiru El-rufai led Kaduna state government.
Barrister Ephraim who was a founding member of the APC in Kaduna state said the creation of metropolitan Authorities have no legal basis compared to local governments created by the constitution.
In a WhatsApp message he shared using his mobile number, the 2011 Deputy Governor candidate for the CPC in Kaduna state wrote;
“Do the three Metropolitan Authorities, created by El-Rufai, ( even, if they had the blessing of the Kaduna State House of Assembly ), have any legal basis, as to be compared, with the Federal Capital territory, and the Local Government Areas ( constitutional creations )? No, they are not.
“In the FCT, and the local government areas in the country, there are no unconstitutional usurpation of powers of any state, from which the territory was legally carved out. It is a separate territory, no conflicting jurisdictions with any state, or local government of a state, from which it was carved out and recognised by the constitution. He said
Ephraim said El-Rufai’s ‘carving out’ of territories is unconstitutional and therefore null and void.
“If El-Rufai purports to carve out, and grant a territory, powers, and functions, which derive therefrom, such act is illegal, ultra-vires the constitution, null and void, to the extent of the contravention.
“It does not need any court to declare it so.” He said
He also questioned whether Governor El-rufai seeks advice from good legal advisers before implementing his policies.
“Some times, I wonder if at all, El-Rufai, avails himself of any good legal advice. “
The Southern Kaduna born lawyer concluded by saying that
“While the concept of metropolitan Authority is good and desirable in its self, it can only, in the circumstances, be handled, when our grund nom, recognizes such administrative action.
“The defunct Kaduna Capital Territory functioned and was only legal to the extent, there were no constitutionally recognised local government areas, in the former northern region.
“For the so- called Kaduna Metropolitan Authorities, to enjoy the same status with either the former Kaduna Capital Territory, or Abuja, the FCT, it has to be recognised by the constitution.
“Without further arguments, the purported Authorities, can not enjoy the protection of our constitution, and at best, their functions, are a mere extention of the acts of the state Governor, just as we have KASUPDA, KADRA, KADIPA, etc, etc.
“They are not thesame, in so far, the Metropolitan Authorities would not function state-wide, but have clearly delineated territories, and boundaries, all within the state No, neither the Governor nor the state House of Assembly, has such powers. Their powers are as provided for in the constitution.
“The metropolitan Authorities can not even be clothed the same way, as the ministerial authorities of the state, which are supposed to cover the whole state.” He said
It would be recalled that Governor El-rufai within the week while swearing in Administrators for the metropolitan Authorities in Kaduna, justified the creation of the three metropolitan authorities.
“It’s obvious that some people do not understand the concept of metropolitan authorities . Our major cities are bigger than the Local Government Councils in which they have been balkanise.”
“The Kaduna Capital Territory did this job until the late 1970s for those old enough to remember, Kaduna was always administered by an administrator. Who was the administrator of the capital Territory.
“Things worked much better then, the replacement structures that came
after the 1976 local government reforms have not worked as well as the
capital territory administrative structure did. This is why we are going back to it,” he explained.