- By Halimah Olamide
The Commissioner of Justice in Sokoto state, Nasiru Binji, has declared that the Sultan of Sokoto, Saad Abubakar has no constitutional power to make any appointments.
He stated this on behalf of the Sokoto State government at the public hearing on the Sokoto Local Government and Chieftaincy Law 2008, on Tuesday.
Binji said the existing Chieftaincy law in the state contravenes the constitution of Nigeria.
He said section 76(2) of the law is inconsistent with section 5(2) of the 1999 Constitution as amended
According to him, “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.”