Opinion
The Oracle: Local Government Autonomy As Panacea for National Development (Pt. 3)
Published
3 years agoon
By
Eric
By Chief Mike Ozekhome
INTRODUCTION
Anthony Albanese once opined that despite the enormous role that local government plays in our daily lives, the Constitution makes not one mention of it. On this note, we continue our discourse on the above vexed issue.
THE AUTONOMY OF LOCAL GOVERNMENTS
In its simplest term, the word ‘autonomy’ means independence in one’s thoughts or actions. The word ‘autonomy’ can be defined as the ability of a person or authority to make his or her own decisions. It is the right of an organization, country, or region to be independent and govern itself. Local Government autonomy can therefore be defined as the local government’s quality or state of being self-governing, the right or condition of self-government and freedom from external control or influence. It is the extent to which local governments are free from the control of the state and federal government in the management of their local affairs” (Adeyemo, 2005). Local Government fiscal autonomy is derived from the fiscal federalism as is supposed to be practiced in the Nigerian federation.
The most fundamental rationale for creating local governments anywhere in the world is to employ it to take responsibility for the development of the area directly and also contribute indirectly to the development of the nation. National development embraces the total development of man and his environment in all ramifications in an area, under a political organization or structure (like a Local Government), on a participatory and sustainable basis. This is better done through governmental autonomy, which is, in turn, sustained by the Local Government Council’s adequate performance of its developmental responsibilities.
All the attributes of national development depend on the provisions of the CFRN, 1999. These attributes are provided for in Chapter II of the 1999 Constitution. The system of democratically elected Local Government Councils simply means that the Councillors would no longer be the candidates of State governments as was the case in the past. Rather, they are empowered to serve out their terms without fear or favour.
Section 7(1) CFRN, 1999, provides for democratically elected Local Government Councils. This system of government is not optional and has been guaranteed under the 1999 Constitution to the extent that every state is mandated to ensure its existence under a law which provides for the establishment, structure, composition, finance and functions of these democratically elected local government councils. The Local Government Council is separate from the State government, in that derives its powers, functions and duties from the Constitution and not under or from the authority of a Governor, or through laws made by a State House of Assembly. The intermediate court held that a State government has no power to dissolve a local government council in the matter of ONUEGBU & ORS v. A G IMO STATE & ORS (2012) LPELR-19691 (CA), wherein Justice Uwani Musa Abba Aji, J.C.A., (as she then was), held thus:
“It is sacrosanct that the tenure of elected Local Government Chairmen or any office holder guaranteed under the 1999 Constitution as amended cannot be abridged or determined at the whims and caprices of the Executive.” The [Governor] therefore lacks Constitutional powers to dissolve the 27 democratically elected Local Government Councils wherein the Appellants herein are the Chairmen. The Governor swore to preserve, protect and defend the Constitution and not to mutilate it. Although, the House of Assembly has power to make laws, such laws must be in accordance with the provisions of the Constitution. The House of Assembly has no power to make any law giving the Governor power to truncate a democratically elected Local Government Councils. All what I am saying is that there is nothing that subordinates the democratic system under Section 7 (1) of the 1999 Constitution on Local Government System to the whims and caprices of the Executive arm of the State or the legislative powers of the State House of Assembly (emphasis mine).
See also ATTORNEY GENERAL OF PLATEAU STATE V. HON. CHIEF ANTHONY GOYOL (2001) 16 NWLR (Pt. 1059) 57; ATTORNEY GENERAL OF BENUE STATE V. HON. MUSA UMAR (2002) NWLR (Pt 767) 701. Only recently, the Supreme Court condemned the whimsical act of dissolving LGAs and held that the 2015 dissolution of the 34 Local Governments in Katsina State by Governor Aminu Masari and the 2019 sack of the Chairmen and Councilors of the 33 Local Governments and 35 Local Council Development Areas in Oyo State by Governor Seyi Makinde, were in total breach of Section 7(1) of the 1999 Constitution.
LGs NOT CONSTITUTIONALLY RECOGNISED AS A TIER OF GOVERNMENT
However, irrespective of these authorities to the effect that a Local Government was created to be autonomous and neither the State Government nor a State House of Assembly can make laws affecting or limiting the powers of the Local Government, the Constitution ‘assumes’ otherwise. The legal framework of the Constitution does not see Local Governments as a third tier of government, but merely recognizes Local Government as an appendage of State Government, where the latter enjoys absolute discretion over the former.
This is because the constitutional status of the Federal and State governments is clear and unmistakable. Chapter V, Part I (Sections 47–89) of the 1999 Constitution makes extensive provision for the legislative arm of government at the Federal level. Similarly, Part II (Sections 90–129) of the same Chapter makes provisions for legislative arms of government at the State level. Provisions are equally made in respect of the executive powers and functions of the Federal and State governments. These provisions automatically accord the Federal and State governments the constitutional autonomy and legal framework required for their operations.
Unfortunately, no such provisions exist for Local Governments. The Constitution provides no legislative powers for the Local Government, inherently subjecting the Local Governments to laws made by the State Houses of Assembly. It is noteworthy that the cases cited above are to the effect that the Governor and the State Houses of Assembly cannot dissolve a Local Government Council. However, none are to the effect that the Local Government is not subject to laws made by a State House of Assembly, or that Local Governments can make their own laws. Indeed, LGs are subject to laws made by Houses of Assembly.
Moreover, in the Second Schedule to the 1999 Constitution, two types of legislative powers are categorized, namely the Exclusive Legislative List and the Concurrent Legislative List. The Exclusive Legislative List contains matters that can only be legislated upon by the National Assembly while the Concurrent Legislative List contains matters that can be delegated on by both the Federal and State governments. However, no mention is made of Local Governments; a situation that further undermines the assumed third-tier status of Local Governments in Nigeria.
LOCAL GOVERNMENT AUTONOMY: THEORY VS. PRACTICE
Article 7 of the 1999 Constitution empowers State governments to enact legislations with regard to “the establishment, structure, composition and functions” of democratically elected local government councils while the Fourth Schedule also assigns some critical functions to local government. However, these provisions only exist on paper. In practice, state governments have taken over most local government functions in order to justify spending funds earmarked for councils in the Joint Revenue Account.
Similarly, Section 106 of the 1999 constitution provides that the minimum qualification for election as Chairperson or Councilor in a local government shall be the post-primary school certificate. This low threshold has made a career in local politics unattractive. A poorly educated political officeholder who is also inexperienced in the art of governance can hardly offer meaningful leadership. However, States have capitalized on this lacuna to put persons of poor educational background in power, as long as they will be ‘yes-men’ or loyalists. An additional problem is that states often determine the tenure of elected members of local government councils. In many instances in Nigeria, State governments have decided not to conduct elections for the [local] councils, as evidenced in Anambra State, wherein a caretaker system was maintained for over six years. This practice is an assault on the principle of popular participation in grassroots democracy.
The 1976 local government reform, which was largely incorporated in the 1979 constitution, recommended direct funding from the Federation Account, with local government receiving a defined percentage of funds in the revenue allocation formula. This provision for financial autonomy has however been eroded. Allocations channeled through state governments are often not remitted to local governments but are instead used by state governments to reimburse themselves for expenditure made on behalf of local governments. Until 2000, allocations from the Federation Account were collected directly by local governments from the Federal Pay Offices in their respective states. However, this changed when the 1999 Constitution introduced the State Joint Local Government Account (SJLGA). These SJLGAs have become infamous, with allocations regularly being misappropriated. Many state governors were accused of misappropriating local government funds during the first 12 years of democratic rule, with the aid of the SJLGA. For example, in 2010, 27 local governments in Borno State threatened mass action in protest at alleged indiscriminate deductions from their monthly allocations. Each local government lost 20% of its allocations.
Although the State is entitled to 26 percent of the Federation Account and the Local Government 20 percent, the practice is that States actually appropriates 48 percent, with the portion accrued to local governments at the discretion of State Governments. This is enabled by the SJLGA, which has become a crucial enabler for corruption. This is further worsened by the fact that findings from quarterly audits done by the Local Council Auditor are not communicated to anyone except the Chairman and the Head of Finance. This secrecy and opaqueness prevent effective monitoring of implementation of recommendations or ensuring that Local Government funds are appropriately utilized, thereby rendering accountability impossible.
Consequent to the misuse and misappropriation of SJLGA funds, local governments have become ineffective. Post-budget control imposes further restrictions on their operations, while local government Chairs also siphon off funds using all manners of strategies. The consequent negative impacts of such financial strangulation of local government councils are expected, as such a local government administration will become ineffectual and unable to bring the government closer to the people.
FUN TIMES
There are two sides to every coin. Life itself contains not only the good, but also the bad and the ugly. Let us now explore these.
Man 1: My two years side chick got married yesterday”
Man 2: Nothing breaks or hurts like when a side chick cheats
Man 3: Sorry bro I feel your main. Mine got pregnant for her husband. It cuts so deep. – Anonymous.
THOUGHT FOR THE WEEK
“When you are in local government, you are on the ground, and you are looking into the eyes and hearts of the people you are there to serve. It teaches you to listen; it teaches you to be expansive in the people with whom you talk to, and I think that that engagement gives you political judgment”. (Valerie Jarrett).
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Opinion
Time to Pause and Reason: Open Letter to His Excellency Peter Obi and South East Political Gladiators
Published
2 hours agoon
May 23, 2025By
Eric
By Dr Sani Sa’idu Baba
Your Excellency, Peter Obi, and the Esteemed Political Leaders of the South-East, I want to take this opportunity to reaffirm my deep love and unwavering support for the South-East region of our great nation. This region holds a special place in my heart, not just because of its rich culture, resilience, contributions to our national development, or the many Igbo friends I have whom I hold dearly, but because I believe in the boundless potential of all Nigerians irrespective of region, tribe, or religion.
My advocacy has always been rooted in the principles of justice, fairness, and unity. I remain committed to the vision of a Nigeria where every citizen, no matter their background, enjoys equal opportunity, is treated with dignity, and has a rightful place at the table of national progress. Only through equity and mutual respect can we build the inclusive and prosperous nation we all desire.
I write this open letter with both conviction and a deep sense of urgency regarding the future of the South-East in the political landscape of Nigeria. As a passionate advocate for justice, fairness, and the political advancement of the Igbo people, I feel compelled to address a critical issue that could define the political trajectory of their region: the need for strategic political alliances in the quest for the future South-East presidency.
Over the years, I have admired the resilience, ambition, and intellectual prowess of the South-East. The region has long been a pillar of Nigeria’s economic and social development. The Igbo people have proven themselves time and again in business, academia, and entrepreneurship. However, despite these contributions, they have struggled to produce a president of the Federal Republic of Nigeria. This persistent political marginalization is both frustrating and unjust. But I believe there is a way forward, and that way lies in strategic political marriages, particularly with the North. I don’t personally believe that the failure of the region to produce a democratically elected president is rooted in their low population, but the weak political alliance especially with the North. No region in Nigeria can do it alone!
Consider the path taken by the South-West in 2015. It was a calculated political maneuver that ultimately led to the emergence of Asiwaju Bola Ahmed Tinubu as President of Nigeria. The South-West, under Tinubu’s leadership, understood that the road to power was not about blind ambition or ego, but about forging alliances and making strategic decisions that would serve the collective good. In 2015, Tinubu and his political network aligned with the North, and in return, they secured political capital that eventually paved the way for the South-West to produce a president in 2023. Tinubu’s victory was not a coincidence; it was the result of a careful, calculated alliance with the Northern political establishment, a coalition that was mutually beneficial and rooted in trust.
The same strategy that led to the South-West’s success in 2015 can be employed by the South-East. The truth is, the road to the presidency for the Igbo people cannot be walked alone. It requires a partnership, a coalition, and a commitment to long-term political engagement.
Your Excellency, Peter Obi, you have earned the respect of millions of Nigerians, both in the South-East and beyond. Your presidential bid in 2023 was a historic moment for our region, but it was also a stark reminder that without a strong political alliance, it will be difficult.
It is within this context that I urge you to carefully consider the proposal put forth by His Excellency, former Vice President, Alhaji Atiku Abubakar (if he has actually proposed) to accept the position of Vice President. Some may view this suggestion with skepticism or even disdain, but I believe it presents an opportunity that should not be dismissed outright. Yes, it may come with its own challenges, but it also comes with tremendous potential. If you accept this offer, it will not only position you to serve Nigeria at the highest level of government but will also pave the way for the South-East to produce a president in the near future.
I understand that there are many who will argue against this political coalition, especially those within the ranks of the All Progressives Congress (APC) and its proponents. The detractors will attempt to sow seeds of doubt, creating division and fostering distrust. However, you must not be swayed by the negativity of those who are intent on preventing this coalition from succeeding. They know that a strong North-South-East alliance poses a real threat to their political hegemony, and they will stop at nothing to make it seem impossible.
Very important is that, history has proven the North as a political promise respecter. When the Northern political elite make an agreement, they tend to honor it. This was evident in the 2015 election when the North supported Tinubu and the South-West, as part of a broader alliance to ensure that the region would eventually produce a president. The North understands the power of coalition politics, and it is crucial that the South-East recognize this and strategically align themselves with those who can help bring about a political transformation of the region.
Your Excellency, this is not just about the personal ambitions of any one individual; this is about the future of our country at large, and South-East in particular. It is about securing the Igbo presidency not in the distant future but in the near term. The political marriage between the North and the South-East could be the key to breaking the longstanding political exclusion of the Igbo people. However, to achieve this, the South-East must not only be patient and strategic but must also be willing to make calculated political decisions that may not seem immediately gratifying.
I implore you, Your Excellency, to set aside any personal grievances or doubts that may cloud your judgment. This is about the future of our children and the legacy you leave behind. The Igbo presidency is not an impossible dream, but it will require unity, cooperation, and a clear strategy. You should therefore not allow the naysayers to dictate the course of your history. Instead, pave the way for collaboration with your political associate who you refer to as your elder brother, His Excellency Alhaji Atiku Abubakar and take the bold steps toward the realization of a Nigeria where an Igbo man or woman will sit at the highest office in the land, bringing an end to their palpable marginalisation.
To the political gladiators of the South-East, I call on you to support this vision. The road ahead may not be easy, and the sacrifices may be great, but the reward will be worth every ounce of effort. Let us unite, strategize, and make the future Igbo presidency a reality.
Yours sincerely,
Dr. Sani Sa’idu Baba, a Concerned Advocate for Justice and Fairness, writes from Kano.
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By Oyinkan Andu
In a move that has ignited widespread debate, the Nigerian House of Representatives is considering a bill that would make voting compulsory for all eligible citizens.
Spearheaded by Speaker Abbas! The same man who introduced the Counter-Subversion Bill in 2024, which proposed severe penalties, including up to 25 years imprisonment, for actions like refusing to recite the national anthem. The proposed legislation would amend the Electoral Act 2022, mandating participation under threat of penalties—up to N100,000 in fines or six months’ imprisonment.
While the proposal claims to target voter apathy, its timing and the political climate suggest it may be more about power retention than civic responsibility.
Compulsory voting is not unprecedented globally. Countries like Australia and Belgium have implemented such laws to combat voter apathy and enhance democratic participation. In Australia, for instance, non-voters face modest fines, a measure credited with maintaining high voter turnout. But those systems function on trust and electoral credibility—two ingredients sorely lacking in Nigeria’s democracy.
In Nigeria, where elections are frequently marred by violence, voter suppression, and manipulation, compulsory voting risks transform civic participation into state coercion. The right to vote should not be weaponised against the citizens it is supposed to empower. This begs the question- Why make voting compulsory in a country where elections are already deeply mistrusted? The answer may lie not in civic virtue but political strategy.
Compulsory voting, in the wrong hands, can be a powerful tool for electoral fraud. Here’s how:
-> Artificial Turnout Inflation: By forcing citizens to vote, the government can create a façade of mass participation, lending legitimacy to results that may have been manipulated.
-> Targeted intimidation: With penalties looming, the law gives local political operatives another excuse to harass, intimidate, or coerce populations, especially in opposition strongholds
-> Suppression Disguised as Enforcement: The enforcement of fines or jail time could be selectively applied to disenfranchise marginalised or opposition-leaning groups under the guise of legal compliance
In short, this bill risks becoming a legal cover for voter suppression, data manipulation, and election rigging—hallmarks of authoritarian democracies in disguise.
The bill’s proponents cite low voter turnout as a justification. In the 2023 general elections, only about 27% of registered voters participated, a decline from previous years. Yet, this approach may overlook underlying issues such as electoral violence, vote-buying, and lack of trust in the electoral system. Instead of addressing these root causes, the bill appears to shift responsibility onto the electorate.
The timing and nature of the bill have led to speculation about its political motivations. Some analysts suggest it could be a strategy by the ruling All Progressives Congress (APC) to legitimise future elections and suppress dissent. By mandating participation, the government might aim to project an image of robust democratic engagement, regardless of the electorate’s genuine sentiments. Civil society organisations, including the Socio-Economic Rights and Accountability Project (SERAP), have condemned the bill, labelling it as oppressive and inconsistent with constitutional rights. They argue that the focus should be on creating a conducive environment for free and fair elections, not penalising citizens for abstention.
Even setting politics aside, enforcing such a law is impractical. How will the underfunded enforcement agencies verify who didn’t vote and why? What constitutes a “valid excuse”? Will overstretched courts prosecute millions of non-voters?
In a country still struggling to issue reliable national ID cards and prevent electoral fraud, enforcement of such a policy borders on fantasy—or worse, it becomes an excuse for targeted harassment. Further still, implementing such a law poses significant challenges. Determining valid excuses for non-voting, ensuring accurate records of participation, and enforcing penalties would require substantial administrative resources. In a country grappling with infrastructural deficits and bureaucratic inefficiencies, these hurdles could render the law ineffective or lead to selective enforcement.
Voter apathy in Nigeria is a symptom, not the disease. Citizens stay home on election day because they believe the process is broken. Forcing them to participate doesn’t restore democracy—it reinforces their disillusionment. While increasing voter turnout is a commendable goal, if well intentioned, mandating participation through punitive measures may not be the solution. Addressing the root causes of voter apathy, such as electoral malpractice, insecurity, and lack of trust in governance—should take precedence. Democracy thrives not merely on participation but on the freedom to choose, including the choice not to participate.
As Nigerias navigates its young democratic journey, policies should aim to empower citizens, not coerce them. Genuine engagement stems from trust and transparency, not compulsion. If the Nigerian Political elite or “Government” as some may call it wants real reform, it must earn participation—not demand it.
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By Yemi Edun
Aare Dele Momodu is undoubtedly one of the most recognisable names, voices, and personalities to emerge from the world’s most populous Black nation Nigeria.
Anyone who has travelled with Bob Dee would understand the magnetic presence he carries from Atlanta Georgia, Accra to Nairobi, down to Central London. He receives nods of admiration, requests for photos, and warm pats on the back wherever he goes. A true cultural ambassador, effortlessly at ease in rich native attire, which his commanding presence makes look truly majestic, he wears native outfits like royalty.
He is a consummate storyteller, an indefatigable workhorse, and one of the most selfless and hospitable people I know. His generosity is legendary. Mention Dele Momodu at any Marriott Hotel in East Africa, and you can expect the red carpet to be rolled out.
I was stunned at Kotoka International Airport as immigration and customs officials broke into chants of “Ovation! Ovation!” while we walked through, it was surreal but perfectly fitting for a man so deeply respected.
Bob Dee is at home with the old and young, with royalty and regular folk alike. There are countless moments that reflect his goodness, but allow me to share just one:
In Summer 2023, while holidaying in Accra with my family, Aare generously assigned his Ghanaian chef to us for two full weeks serving delicious meals until we had to kindly ask him to pause! Not long after, he flew into Accra and hosted us at La Chaumiere his favourite upscale French restaurant, where his presence is evidently cherished.
As my daughter and I prepared to return to London, we discovered shockingly that her passport had expired just a day earlier. I had to remain behind to resolve the issue. By divine timing, Bob Dee called to check in, and upon hearing the situation, immediately sent his driver. We spent that night in his elegant Accra home.
The next morning, using her Nigerian passport, we flew into Lagos. On his advice, I contacted Mr. Governor, and thanks to that call and Bob Dee’s understanding of the terrain, a new British passport was issued the same day.
Happy Birthday, Aare. A charismatic gentleman, who treats all with warmth and deserved respect.
@yemiedundf
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