By Matthews Otalike, The Searchlight Correspondent / October 18, 2026
Section 7(1), 1999 Constitution Elected Local Councils Guaranteed
“The system of local government by democratically elected local government councils is under this Constitution guaranteed.”
The Constitution does not permit caretaker committees or appointed administrators to replace elected councils. When Kogi and Enugu declare 100% sweeps with no meaningful contest, they satisfy the form of elected councils while violating the substance of the guarantee, that the councils be chosen by the people.
Section 145, 1999 Constitution: Presidential Absence Requires Written Declaration
Whenever the President proceeds on vacation or is otherwise unable to discharge the functions of his office, he shall transmit a written declaration to the President of the Senate and the Speaker of the House of Representatives.
Section 145(2) adds that if the President fails to transmit that declaration within 21 days, the National Assembly shall, by simple majority, mandate the Vice-President to act as President. In 2026, President Tinubu left Nigeria on 30 August for what was described as a three-week vacation. By 21 September, no declaration had been made public. Lawmakers and civil society groups demanded to know whether the letter existed at all.
Public Procurement Act 2007 — Competitive Bidding, Not Crony Award
The PPA requires open competitive bidding for public contracts, publication of invitations in at least two national newspapers and the Procurement Journal, and BPP certification of “No Objection” before award. Direct procurement is permitted only in narrow circumstances, where goods or services are available from one supplier only, or where exclusive rights leave no reasonable alternative.
A multi-billion-dollar coastal highway awarded directly to a company owned by the President’s longtime associates does not fit either exception. The PPA also imposes personal liability on accounting officers for breaches, “whether or not the act or omission was carried out by him personally.”
Fiscal Responsibility Act 2007 & DMO Act 2003: Borrowing Requires Legislative Approval
The DMO Act, Section 21(1), is explicit: “No external loan shall be approved or obtained by the Minister unless its terms and conditions shall have been laid before the National Assembly and approved by its resolution.”
The Fiscal Responsibility Act reinforces this. Section 41(1a) permits borrowing only for capital expenditure and human development, on concessional terms, “subject to the approval of the appropriate legislative body.” Section 42(1) requires the National Assembly to approve overall debt limits. Section 44(2a) requires prior authorization in the Appropriation Act for the purpose for which borrowing is to be utilized.
When loans are signed without published terms, without project-specific appropriation, and without legislative resolution, the constitutional chain of authorization is broken at every link.
Electoral Act 2022 — Exclusion of Candidates Undermines the Vote
The Electoral Act 2022 does not explicitly create a right to appear on the ballot. But its grounds for questioning an election include that “the election was invalid by reason of corrupt practices or non-compliance with the provisions of this Act.” When a state electoral commission allows only one party on the ballot—as in Enugu—the election is not a contest. It is an administrative designation.
The Act’s framework presumes competition. A ballot with one name is not an election under any credible reading of the law; it is a certificate of return issued before a single vote is cast.
The Pattern: Each provision above creates a specific obligation: elect councils, notify the legislature, bid competitively, seek approval before borrowing, allow contest. The Tinubu-era APC has not repealed these laws. It has rendered them decorative, observed in form, ignored in substance, and enforced against no one.
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