The Sokoto State said on Tuesday the Sultan of Sokoto, Muhammad Sa’ad Abubakar III, lacks the power to appoint district and village heads in the state.
The state’s Attorney-General and Commissioner for Justice, Muhammad Nasiru Binji, stated this at a public hearing on the planned amendment of the Sokoto State Local Government and Chieftaincy Law 2008 at the State House of Assembly.
Governor Ahmed Aliyu has come under criticism over an alleged plan to remove the Sultan, who is the leader of the Nigerian Muslim community.
At the public hearing, the commissioner said the law that gives the Sultan the power to appoint anyone contravenes the 1999 Constitution.
He added that the state government has sent an executive bill to the Assembly to correct the inconsistency.
Binji said: “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, no power is given to the sultanate council to appoint.
“Section 76(2) of the Sokoto Local Government and Chieftaincy Law gives the sultanate council the power to appoint district and village heads in the state, but with the approval of the sitting governor.”
“To give the Sultanate Council the power to make appointments is contrary to the provisions of this section. That is why it is now presented to this honourable House to amend this section to revert to the tradition and the age-long council where the Sultanate Council recommends to the governor persons to be appointed as district heads, persons to be appointed as village heads, and not the other way round.
“In the proposed amendment, the Sultanate Council, as in Section 76 (1) will retain the function to recommend to the governor while the power to appoint will now be with the governor.”