ANALYSIS: What local government autonomy means and the duty for Nigerians

Timileyin OkunlolaJuly 14, 20248 min

Local government autonomy is now a reality in Nigeria but what does it mean and what duties does it impose on citizens? 

supreme court rules on local government autonomy

Local government autonomy has been the song on many lips these past weeks and months. This is as a result of the recently resolved suit brought by the Federal Government against the State Governments. As a country, several lapses have been noticed in the discharge of duties of local government authorities and their effectiveness. This is largely due to the lack of autonomy and undue interference in their affairs by state governments. For many years, several state governments have strangulated local government operations by running ad-hoc unelected councils and denying funds to this vital tier of government recognised by the 1999 constitution (as amended). 

Tireless advocacies…

To address the challenge of local government autonomy, there have been countless and tireless advocacies by groups, including governmental and non-governmental. In 2021, OrderPaper convened a webinar where the local government system was extensively discussed in view of constitutional reforms. 

Speakers at the event included Senator Sadiq Suleiman Umar and Comrade Akeem Olatunji, national president of the Nigerian Union of Local Government Employees (NULGE), and other critical stakeholders who extensively discussed the abolition of caretaker committees and the need for direct allocation to bolster local government autonomy. 

A much-needed intervention…

On the 20th of May 2024, the federal government, through the Attorney-General and Minister of Justice, Lateef Fagbemi, initiated a suit against all 36 states of the federation, seeking full autonomy for the 744 Local Government Areas (LGAs).The suit was based on 27 grounds in which the federal government requested the Supreme Court to stop state governors from arbitrarily dissolving democratically elected local councils, constituting caretaker committees to run the affairs of local governments as against the constitutionally recognized democratic system, and demanding an injunction restraining the governors or their agents from receiving, spending or tampering with funds released from the federation account for the benefits of local governments.  It also sought authorisation for the direct transfer of funds from the federation account to local governments, following constitutional provisions.

Supreme court ruling…

On the 11th of July, the Supreme Court ruled on the suit. A 7-member panel of the apex court, delivering its judgement through Justice Emmanuel Agim, ruled that it is unconstitutional for state governors to withhold or spend funds meant for local government areas. It declared further that it is against the constitution for state governments to retain and use allocation meant for the councils on their behalf without transferring the same to the beneficiaries and declared an end to such practices. The court further maintained that the federal government should pay monies meant for the local governments directly to themand to be administered by democratically elected officials. With this ruling, the independence of local government authorities across the nation has now been strengthened and local government autonomy is now more tangible. 

President Tinubu is exultant…

Reacting to the verdict of the Supreme court, President Bola Tinubu expressed great delight. In a message through his special adviser on information and strategy, Bayo Onanuga, the presidency explained that his administration initiated the suit in a bid to bring relief to citizens. He affirmed that the judgement is in line with constitutional provisions and described it as a significant step towards effective local government administration. He further emphasised that local council leaders must ensure people-oriented service delivery and make Nigerians feel the impact of good governance. President Tinubu expressed the belief that the judgement will enable citizens to hold local leaders accountable and ensure resources are satisfactorily used for the people’s benefit.

Implications of local government autonomy…

As a country operating under a federal system of government, here are some of the implications of the Supreme Court ruling on local government autonomy for the country: 

  • Reinforcing subnational governments:  The court verdict has now empowered local governments across the country, making their operations more practicable and effective. This is a good move as the subnational governments are better equipped to address local needs since they’re much closer to the people. By granting this autonomy, local governments are also empowered to focus optimally on grassroots development, a hallmark of true federalism. 
  • Decentralization of power: This new development also promotes another core characteristic of federalism, which is decentralization. Now, power is being truly devolved from the federal government down to the grassroots government. This also reduces the dominance of the federal and state governments in revenue allocation, providing more room for local governments to have better control over their finances and overall affairs. 
  • Balancing power between tiers of government: This verdict also helps strike a balance between the federal, state, and local governments. It reinforces democratic principles, ensuring that power is distributed evenly and that local governments are accountable to their citizens.

Benefits to citizens…

To the average Nigerian citizen, here are some of the benefits they stand to enjoy from local government autonomy: 

  • Increased accountability and transparency: Although the local government authorities would henceforth be in charge of their funds, they are expected to facilitate accountability and transparency in their use of resources. Being fully in charge of their finances, it is expected that they will dispense services with utmost transparency and responsibility to the citizens. 
  • Improved local government services: Moving forward, local government services are expected to be improved as there is more control over funds and they can now respond better to the needs of their communities and provide adequate essential services for the citizens.
  • Enhanced representation and empowerment: Local governments can now effectively represent their communities, making decisions that reflect local needs and priorities. It gives local communities a greater say in their affairs, allowing them to participate more actively in decision-making processes.
  • Increased local economic growth: With control over their finances, local governments can now invest in local economic development projects thereby facilitating growth and job creation.
  • Facilitates citizen participation: Enhanced financial autonomy and transparency can lead to increased citizen engagement and participation in local governance.

Potential challenges…

With this verdict, Nigeria has embarked on a new course and typical of every new movement, there are bound to be hitches and glitches along the way. Some of the challenges that may be faced in this new direction include: 

Implementation: As a country, Nigeria is often loud on plans and silent on implementation and unfortunately, this may also be the case as state governments may resist or struggle to implement or adapt to the court ruling. 

Capacity building: As good as autonomy sounds, it needs able and capable hands to be fully effective. Now is the best time for local government authorities to build their capacity to manage their finances and affairs effectively as failure to do this will render the efforts of the federal government unproductive. 

Transparency and accountability: Another potential cog in the wheel of the ruling is the challenge of transparency and accountability. Players at the helm of affairs at the local governments will need to ensure maximum transparency and accountability in their financial management to avoid mismanagement and corruption.

Timileyin Okunlola

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