There’s a popular proverb that says “A chain is only as strong as its weakest link. Nigeria operates a federal system with three tiers of government, where local government councils occupy the lowest tier.
President Bola Tinubu speaking recently at the National Dialogue on Nigeria‘s Security Challenges and Good Governance at the Local Government Level expressed worries over the current sorry state of affairs in local government councils in Nigeria, saying this has led to failed development and escalating insecurity. He said good governance at all tiers of government would enhance development.
Over time, the local government has undergone numerous reforms aimed at enhancing its modernity, efficiency, and productivity. Despite these efforts, the system has failed to meet its foundational objectives. This shortfall is partly attributed to the excessive interference by state governments, which often treat local governments as mere extensions of their own ministries. This control undermines local administration and negatively impacts grassroots governance.
Despite the extensive provisions of the 1999 Constitution regarding the existence and functions of local governments, the State Governments have successfully usurped the functions of the Local Governments. The Attorney General of the Federation on behalf of the Federal Government filed a lawsuit with the Supreme Court to mandate the governors of the 36 states to provide complete autonomy to local governments within their domains.
The Federal Government specifically prayed the court to issue an order, prohibiting state governors from embarking on unilateral, arbitrary and unlawful dissolution of democratically elected local government leaders.
The suit also seeks an order allowing funds allocated to local governments to be directly transferred to them from the federation account, in accordance with constitutional provisions. This would bypass the allegedly unlawful joint accounts established by governors.
The 774 local government areas in Nigeria are allocated revenues from the federation account monthly. Revenue from oil, relevant taxes, the Nigerian Customs Service trade facilitation activities, Company Income Tax, sale of national assets, and surplus and dividends from State Owned Enterprises are aggregated in the federation account for sharing amongst the three tiers of government.
According to the current sharing formula, the Federal Government gets 48.5 per cent, state governments 26.72 per cent, and Local Government 20.6 per cent from the federation account.
Speaking some months ago in Jalingo on why the autonomy of Local Government is still a problem; National President of Nigeria Union of Local Government Employees (NULGE) Comrade Ambali Akeem Olatunji said “Why we are still having issues with local government autonomy is because most of the state governors are feeding fat on the local government funds and it has a huge negative effect even security wise.” He further stated that if local governments across Nigeria enjoy autonomy, there would be massive reduction in banditry.
The lawsuit citing 27 grounds, the Federal Government accused state governors of gross misconduct and abuse of power. The Attorney General of the Federation on behalf of the Federal Government sought a declaration that states that have not put in place a democratically elected local government system and are in breach of sections of the 1999 Constitution by failing to comply with the mandatory provision of the 1999 Constitution cannot be entitled to receive and spend funds meant for the local government councils under Section 7 of the 1999 Constitution and Section 162(5) and (6) of the 1999 Constitution.
Attorney General of the Federation and Minister of Justice, Lateef Fagbemi, SAN, called for the scrapping of the State Independent Electoral Commissions (SIECs). He lamented the violation of the constitutional provisions meant to safeguard local governments’ autonomy. Fagbemi said: “Cases of State hijacking of local government revenues abound from 1999 to date In consequence of these weak constitutional provisions, the lifespan of the local government councils is at the mercy of the state governments.
“There is no consistent pattern of local government elections. Some State Governors dissolved their Councils and appoint Caretaker Committees. There are several cases of abuse of the Joint Account by different State governments across Nigeria.
“This has undermined the financial autonomy of the local government, as well as their ability to deliver on their statutory responsibilities on the fourth point relating to observed problems/challenges in the way we are implementing the constitutional/legal provisions & what those problems are: Under a true federal structure, the autonomy of local government is adequately guaranteed.”
The Governors have been very quiet this time around, no comments on the Federal Government suing the 36 state Governors of the Federation. It is understood that since the matter is already in Court, it will be subjudice to comment on it. But in the past the Nigerian Governors Forum has held on to section 2 (2) of the Constitution provides for the constituents of Nigeria as follows; ‘Nigeria shall be a Federation consisting of States and a Federal Capital Territory.’28 The local government was not cited in the above constitutional provision. The effect of the provision of section 2(2) of the Constitution above is that the framers of the 1999 Constitution did not intend to make local government an independent and autonomous third tier government in the real sense. That is why the council was not mentioned while highlighting the governmental components of Nigeria. This lacuna in the Constitution has affected the autonomy of local government adversely. State government now hinge on it to handle the councils as their extension. Hence the council has no autonomy under the 1999 Constitution on the strength of the above provision.
Again, section 4 (1) under Part 11 of the Constitution provides for the legislative powers of the Federal Republic of Nigeria thus; ‘The legislative powers of the Federal Republic of Nigeria shall be vested in a National Assembly for the Federation which shall consist of a Senate and a House of Representatives.’ Section 4 (6) thereof provides for the legislative powers of the state thus; ‘The legislative powers of a State of the Federation shall be vested in the House of Assembly of the State.’ No mention was also made of the local government. Again, the framers of the Constitution failed to state the legislative powers of the councils in Part 11 of the 1999 Constitution because they wanted councils’ administration to be strictly state governments affairs as seen in section 7 (1) of the 1999 Constitution.
Beyond all the laws and constitutions, leaders all seek the development of the country which actually starts from the bottom up. Our Local Government areas are so bereft of the basics of life, Nigerian citizens at the Local areas die needlessly as a result of lack of basic healthcare, there’s issues of poor or no drainages, lack of pipe borne water, poor road infrastructure, lately security of lives and property and so much more because of years of neglect.
Right now the Citizens, Federal Government and the Local Government are demanding the autonomy of the Local Government as a third tier of government, why exactly are the State Governors holding onto control of this tier of government? Nigerians are deserving of true federalism. May 30 is set for hearing, Nigerians are hopeful, perhaps the change so desired after all these years is almost here?
