Sokoto government declares sultan’s powers unconstitutional

Sokoto State Commissioner for Justice, Barrister Nasiru Binji, said that under the Nigerian Constitution, the Sultan has no right to appoint persons to official positions.

During Tuesday’s public hearing, Binji raised a key constitutional issue regarding the appointment of local officials by the Sultan of Sokoto.

The controversy relates to Section 76(2) of the Sokoto Local Government and Chieftaincy Act 2008, which gives the Sultanate Council the power to appoint district and village headmen in the state, subject to the consent of the incumbent governor.

The Commissioner argued that this provision was in direct conflict with section 5(2) of the 1999 Constitution as amended, which vests executive power of appointment solely in the Governor, his deputies, commissioners or other appointed government agents.

“The Constitution provides that the executive power to make appointments within the state shall be vested solely in the governor.

“Any deviation from this constitutional imperative, such as authorizing the Sultanate Council to make appointments, is legally untenable,” Binji said during the hearing.

He stressed the urgent need to amend the Chieftaincy Act to bring it into line with constitutional provisions and to ensure that all appointments are strictly in line with the executive powers of the office of the Governor.

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