Supreme Court judgment on LG autonomy & need for constitutional amendment ~ by Charles Ude

In Nigeria, the Local Government Council refers to the administrative body responsible for governing and providing essential services at the local level. The country is divided into 774 local government areas (LGAs), each with its own Local Government Council.

It is important to emphasise the position of local government council, as local authorities and elected bodies which perform the majority of essential everyday governmental functions. For example, education provision is for the most part in the hands of local government, as is refuse collection and the provision and upkeep of social housing.

Local government council is a body corporate that exists in perpetuity. This means that local government council are distinct legal entities able to acquire property, enter contracts and be party to private legal proceedings.

The framework of Local Government Council

This was established in outline by section 7 (1) of the 1999 constitution as amended. This framework has been subject to ongoing review since 2020, for example, section 7(1) states ‘’ the system of a local government by democratically elected local government is under the constitution guaranteed’’.

In order words, the presence of transition or care-taker Chairmen are not only illegal but not recognised under the Nigerian Law.

Functions of the Local Government Council

The country is divided into 774 local government areas (LGAs), each with its own local government authority. The primary functions of the local government authority in Nigeria as envisaged by the constitution include;

1. Governance: The local government authority is responsible for ensuring good governance and administration at the grassroots level. It manages local affairs, enforces laws and regulations, and maintains peace and order within the LGA.
2. Service Delivery: It is the duty of the local government authority to provide basic services to the people within its jurisdiction. This includes the provision of primary education, primary healthcare, water supply, sanitation, waste management, and infrastructure development such as roads and bridges.
3. Revenue Generation: The local government authority is empowered to generate revenue through various means, including taxation, levies, licenses, and fees. This revenue is essential for funding the local government’s operations and implementing development projects within the LGA.
4. Community Development: The local government authority plays a crucial role in promoting community development and grassroots participation. It facilitates community engagement, mobilizes resources, and supports initiatives that address the needs and aspirations of the local population.
5. Representation: The local government authority represents the interests of the local community at higher levels of government. It serves as a link between the people and the state and federal governments, advocating for the needs and concerns of the local population

These functions are clearly defined by section 7(3) of the 1999 Nigerian Constitution as amended, to include participation in the economic planning and development of the local government council. The Fourth Schedule of the Nigeria 1999 constitution as amended provides the full functions of the local government councils, this include;

1. Participation in the government of the state in respect of the provision and maintenance of primary, adult, and vocational education.
2. The development of agriculture and natural resources, other than the exploitation of minerals.
3. The provisions and maintenance of health services, and
4. Such other functions as may be conferred on a local government council by the House of Assembly of the State.

Other functions are covered under section 7 (1) (a-k) of the fourth Schedule of the Constitution of the federal republic of Nigeria 1999 as amended.

Relationship with the State House of Assembly

Section 7(2)(d) of the fourth Schedule contained in the Nigerian Constitution 1999 as amended states ‘Such other functions as may be conferred on a local government council by the House of Assembly’. This is the main area of concern in the effective running of the local government councils and some people have tagged it as the “cog” in the wheel of progress.

Section 7(3) empowers the state houses of Assembly to enact laws for the operational functions of these LGAs. Most of these laws made by the state houses of Assemblies, makes it practically impossible for any effective and purposeful running of the LGAs.

Most often these laws are drafted on the behest of the state governors to enable them exercise total and illegal control of these LGAs.

Needed reforms:

1. Accountability mechanisms

In order to improve the public perception of local governments, a new ethical framework should be established to include the introduction of statutory codes of conduct, with a requirement for every council to adopt a code covering the behaviour of elected chairmen and councillors. A new Act to ensure the proper administration of their financial affairs, create a mechanism for external audits by an Audit commission for the LGAs.

2. Auditor

There is a need for the introduction of commercial accounting method specifically for the local governments sector. The auditor has the duty to see that public money is spent according to the law. If it is found that there has been unlawful expenditure by the authority in the discharge of its public duties, the auditor has the power to enforce financial penalties against councillors or officials.

3. Judicial control

In general, judicial control is exercised under the ultra vires principle or that of abuse of power, i.e., the local government may be challenged if it appears to exceed the express or implied limits of its statutory authority, or it may be challenged for not properly exercising its discretionary powers. It is also worth noting that, where the state house of assembly enacts bad laws, those laws can be shut down through the courts.

The Supreme Court judgment on Local Government autonomy

Many Nigerians welcomed the Supreme Court judgment on LG autonomy on July 11th, 2024 as a good development. Barrister Daniel Bwala, a lawyer and a popular public opinion analyst, on legal and political issues, on channel tv-programme (politics-today) Friday 12 July,2024 described the supreme court judgment on local government autonomy as ‘greatest breakthrough of democracy’.

Samuel Ude, Ph.D., in his reaction to the supreme court judgment states; “Ostentatiously, this is a” Freedom Reign” proclamation or complete LGA autonomy over federal allocations. Hopefully, this should end the Master (Governor) versus Servant (LGA Chairpersons) relationship with regards to managing LGA common wealth. This represents a pivotal transformation in the rapid development of grassroots governance”.

The National Chairman of the All Progressives Grand Alliance, APGA, Chief Edozie Njoku, has adduced reasons why those he referred as big men, are kicking against the Supreme Court judgement that granted financial autonomy to the 774 LGAs, in the country.

According to him, the directive of the apex court that the LGAs should henceforth be paid straight from the federation account, would not only bring development to the grassroots, but also strengthen checks and balances in the process of governance.

He further said: “What the Supreme Court has done is to take power back to the people, which is how it should be.

Former Executive Chairman of Umuahia North Local Government Council, Abia State, Reverend Sam Ekeledo said that the supreme court verdict that granted financial autonomy to the LGAs might be encumbered in Abia State due to the existence of a State House of Assembly Law that established Joint State and Local Government Projects Account.

Revd Ekeledo observed that unless the Abia State Law is repealed the direct federal allocation to the local council chairmen will inevitably flow into the so-called Joint Projects Account with the LGAs which would in turn encourage other kind of manipulations.

Reverend Ekeledo further, commended the federal government for the decision to take the bull by the horns, the former Umuahia North LGA Boss argued that until the election process in the LGAs is changed, and brought under the control of the Independent National Electoral Commission (INEC), nothing will happen.

So, “let’s change the election process, let the election be under the control of INEC. It is important and then completely nullify the existence of Local Government Service Commission. Let each LGA have its own LGA service commission, not a state-owned organ or apparatus manipulating the entire LGA system”, Ekeledo posited.

Urgent reform and amendment of the Constitution

For over two decades, local governments have been almost crippled in most states, where the governors seize their federal allocations and only release funds to them piecemeal to barely keep them going.

Governors in Nigeria can sometimes wield a negative influence on local government councils, which can undermine the autonomy and effectiveness of these local governing bodies.

Here are some key negative influences to consider:

1. Interference in Local Government Affairs: Governors may excessively interfere in the affairs of local government councils by dictating appointments, removals, and transfers of local government officials. This undermines the principles of local government autonomy and can compromise the independence of local government representatives.
2. Control of Local Government Finances: Governors often exert control over the finances of local government councils by withholding or diverting funds meant for local development projects. This can hinder the execution of important initiatives, leading to the underdevelopment and neglect of local communities.
3. Approval of Local Government Budgets: Governors typically have the authority to approve local government budgets. In some instances, this power can be used to manipulate or alter the budgets to suit political interests, rather than the developmental needs of the local communities. This can result in misallocation of resources and hinder progress.
4. Political Patronage: Governors may use their influence to reward political loyalists or party members by appointing them to local government positions, irrespective of their qualifications or suitability. This undermines meritocracy and can lead to the appointment of inexperienced or incompetent individuals, hampering efficient governance at the local level.
5. Weak Oversight and Accountability: The oversight and accountability mechanisms for local government councils are often weak. Governors may exploit this by failing to hold local government officials accountable for their actions or by shielding them from investigation and prosecution for corrupt practices. This lack of accountability perpetuates a culture of impunity.
6. Stifling Opposition Voices: Governors may use their powers to stifle opposition voices within local government councils. This can include harassment, intimidation, or even removal of elected officials who do not align with the governor’s political agenda. Such actions undermine democratic principles and suppress diverse perspectives.
7. Delayed or Suspended Local Government Elections: Governors have the authority to delay or suspend local government elections, which can lead to prolonged periods of caretaker committees or unelected officials running local government affairs. This hampers democratic processes and denies citizens their right to choose their representatives.

The senior pastor of Awaiting The Second Coming Of Christ Ministry, Adewale Giwa, on Wednesday, stated ‘governors may not obey the judgment of the Supreme Court granting financial autonomy to LGAs’.

Pastor Giwa explained that governors have made themselves emperors over the affairs of local governments, hence may not toe the line of the judgment.

Senator Abaribe  on Channel TV recently and a few days after the said Supreme Court judgment stated that, he strongly believes that a reform is urgently needed to tinker with the way LGA elections are done and amendment of the laws made by the state house of Assembly that makes it impossible for the Local Government Councils to perform their constitutional duties.

Conclusion

The National Assembly now has a duty to Nigerians to amend the constitution to reflect the intent of the supreme court judgment. Unlike any other time in our democracy, the National Assembly must assist the President and the people of Nigeria to strengthen our democracy by quickly bringing a bill to take away, immediately the conduct of elections of local government council by the State Governors.

The tenure of these LGAs must be harmonised and properly defined; the current practice is that these tenures are determined by the various State Houses of Assemblies.

It is expected that, with the recent supreme court judgment, the tonic has been released for more qualitative individuals to participate in running the LGAs, by participating fully in the electoral process.

The traditional rulers will also become more recognised and important because of the positive effect that will come from having a democratically elected chairman at the local government level and their nearness to the chairman of the local government council by virtue of their role and stool of office to their immediate communities.

The synergy between traditional rulers and the democratically elected LGAs Chairmen can reduce the level of criminality and other security issues in their jurisdiction.

Finally, I recommend the addition and deployment of government security and economic agencies such as the EFCC, ICPC etc, to monitor the disbursement and all spending of the LGAs, to avoid fraud and wasteful dissipation of money meant for the people.

Charles Ude, Esq. is an Abuja based legal Practitioner.

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