The 1999 Constitution of the Federal Republic of Nigeria falls short in delineating the political autonomy of local governments, leading to significant consequences.
The Attorney General of the Federation and Minister of Justice, Lateef Fagbemi, has stated that the 1999 Constitution of the Federal Republic of Nigeria did not provide adequately for the political autonomy of the local governments.
Fagbemi led discussions during Monday’s National Discourse on Nigeria’s Security Challenges and Good Governance at the local government level in Abuja saying instances of arbitrary dissolution, abolition, or fragmentation by higher tiers of government, especially State Governments, persist thereby eroding the autonomy of local governments,
According to him, the provision of the constitution, specifically under Section 162(5-8), regarding the State Joint Local Government Account, has been cited as empowering state assemblies to determine local government revenue allocations. This has led to concerns about state encroachment on local revenues.
“The 1999 Constitution of the Federal Republic of Nigeria did not provide adequately for the political autonomy of the local governments. The resultant effects of these inadequacies are that the state governments have the discretion to determine the nature, content and direction of local government elections and political activities,” he said.
“The failure of the constitution to articulate a clear line of authorities to both the state and local authorities and the continuing debate over the involvement of state governments in distributing local government allocation from the Federation Account has affected the capacity of LGAs to provide essential services at the grassroots. Rather than function as a tier of government, LGAs have been operating as an appendage of the State governments in Nigeria.
“The 1999 Constitution of the Federal Republic of Nigeria falls short in delineating the political autonomy of local governments, leading to significant consequences. State governments wield disproportionate influence over local government elections and political affairs, undermining the intended independence.
“This ambiguity has blurred lines of authority, fueling ongoing disputes over the allocation of funds from the Federation Account. Consequently, local government authorities struggle to fulfil their mandate, functioning more as extensions of state governments rather than autonomous entities. This structural deficiency hampers the effective delivery of essential services at the grassroots level, perpetuating a system where local governments lack the agency to govern effectively.”
He added that Local government chairmen are always imposed on the people by the State Governors which erodes the three elements of good governance at the local government level, which are citizens’ participation, transparency and accountability as the imposed chairman will be accountable only to the Governor rather than the people resulting in a lack of transparency and non-involvement of the citizens.
According to him, “The absence of administrative and fiscal autonomy for LGAs created a dependency situation rather than an independent one conceptualized under a true federal system of Govt. The local governments in many instances have continued to suffer fiscal emasculation in the hands of state governments. In all these unwholesome abuses, Sections 7 and 162 of the 1999 Constitution among others have been an escape route for many State Governments to manipulate the Local government and reduce the same to a mere department in the Governors’ office.
“State joint local government account (SJLGA) has been the anti-development instrument used to frustrate every progressive and patriotic action to make the Local Government work since the return of the Country to democracy in 1999. And finally, what are the solutions/recommendations to the observed problems/challenges: LGAs are created by the Constitution.
“Accordingly, in a tiered system like ours, a constitutional amendment is imperative before a new system of local government administration can be instituted. Good governance at any level of governance is not possible without the transfer of authority, responsibilities, capacity and resources.”
