Tag: LG autonomy

  • Leave Alia alone, pursue full LG autonomy, Onjeh tells Sen. Moro

    Leave Alia alone, pursue full LG autonomy, Onjeh tells Sen. Moro

    Chieftain of the All Progressives Congress (APC), Comrade Daniel Onjeh, has responded to the recent comments by Senate Minority Leader Senator Abba Moro on the October 5 local government elections in Benue.

    Onjeh criticised the Benue South Senator for the continued attacks on the administration of Governor Hyacinth Alia, urging him to refocus his energy on promoting legislations that would benefit the citizenry, rather than exploiting the dais of the Senate to advance selfish and parochial interests.

    The former Benue South senatorial candidate alleged Moro has been restless since the APC’s landslide victory in the local government polls.

    Onjeh pointed out Moro’s opposition to Governor Alia’s earlier decision to suspend local government administrations in Benue State, following the Assembly’s indictment of financial mismanagement, is another example of the Senator’s flawed approach to governance.

    Onjeh recalled how Moro moved a Motion on the Senate floor calling for the suspension of statutory allocations to Benue LGs, disregarding the welfare of LG employees and retirees, and prioritising narrow interests over the collective well-being of the people.

    Read Also: Oba of Benin asks Okpebholo to fulfill campaign promises

    “Fortunately, Sen. Moro’s politically-motivated Motion fell flat on the Senate floor because it was clear that he was not acting in the national interest,” Onjeh remarked.

    Onjeh further noted that assuming, but not conceding that the Benue LG poll was flawed as alleged by Moro, the senator still lacked the moral standing to complain, particularly given the PDP’s history of electoral fraud during its long tenure in power.

    He advised Moro to redirect his energies towards championing local government autonomy in the Senate, which would establish an independent Local Government Electoral Commission and ensure the efficiency of local governance rather than “wailing over spilled milk.”

    Onjeh congratulated all the winners of the Benue council elections, particularly those from Benue South and urged them to ensure prudence and financial accountability in managing local government funds under the newly-granted financial autonomy.

    He emphasised that they must uphold the values of the APC and work towards developing Benue South in line with Governor Alia’s vision.

  • LG Autonomy: Osun Assembly passes amendment bills

    LG Autonomy: Osun Assembly passes amendment bills

    Osun Assembly has passed the bills amending the Osun Local Government Area Creation and Osun Electoral Commission Laws in conformity with the Supreme Court judgment on local government financial autonomy.

    The amended bills are: “Osun State Local Government Areas Creation and Administration Amendment No. 7 Bill 2024” and “Osun Independent Electoral Commission Amendment No. 1 Bill 2024”.

    The News Agency of Nigeria (NAN) reports that the assembly passed the bills after they were read for the third time during plenary in Osogbo on Tuesday.

    The Speaker, Mr Adewale Egbedun, said clean copies of the bills would be forwarded to Gov. Ademola Adeleke for assent.

    NAN recalls that the Deputy Majority Leader, Adekunle Oladimeji, had, on July 29, said the amendments were in line with the Nigerian Constitution and the Supreme Court judgment.

    Oladimeji said this while reading the policy thrust of the Osun Independent Electoral Commission Amendment No. 1 Bill.

    Read Also: We are reviewing concerns over LG autonomy -PDP

    According to him, the judgment granted financial autonomy to the 774 Local Government Areas (LGAs) recognised by law.

    “Osun Independent Electoral Commission (OSIEC), in line with Section 197 of the Nigerian Constitution is to conduct, organise and supervise all elections into local councils in the state, in accordance with the law.

    “Amendment of the OSIEC Act is necessary to avoid conflict with the Supreme Court judgment.

    “It is also to strengthen the local government system, so people at the grassroots can enjoy the dividends of democracy,” he said.

    Mr Adewumi Adeyemi, (Obokun State Constituency), also, on July 29, read the policy thrust of the Osun State Local Government Areas Creation and Administration Amendment Bill.

    He said that Section 7(1) allowed for the existence and running of local governments by elected officials.

    Adeyemi adds that Section 8 of the Constitution empowers state assemblies to ensure, through enacted laws, that local government administrations exist, and their financing guaranteed.

    He noted that with the Supreme Court judgment, Local Government Development Areas (LCDAs) and Area Councils were not recognised by the constitution as being among the 774 LGAs in Nigeria.

    “The Osun Local Government Amendment Bill will, when passed into law, take care of the local government structure and compositions of executives,” he said.

    (NAN) 

  • LG Autonomy: Katsina identifies potential challenges to S’Court judgement

    LG Autonomy: Katsina identifies potential challenges to S’Court judgement

    Katsina Governor Dikko Radda has identified financial management, personnel matters and on-going state-local government joint development projects as the potential challenges to the implementation of the Supreme Court judgement on local government autonomy.

    He said he has requested the Attorney General and Commissioner for Justice of the implications of the recent apex court judgement on local government fiscal autonomy.

    The Governor however reaffirmed the state’s commitment to upholding the country’s constitution at a stakeholders meeting to discuss the implications of the judgment on local government autonomy.

    This decision was contained in a statement by Ibrahim Kaula Mohammed, the Chief Press Secretary to the Governor in Abuja on Saturday on the outcome of the meeting.

    In the statement the Governor was quoted to have said: “Katsina State is a law-abiding state and will operate under the constitution of the Federal Republic of Nigeria. I have asked the state attorney general to give me a full report on the legal implications of the Supreme Court’s decision.”

    Radda, who empathised with the local government chairmen, noted that as a former chairman in Charanchi Local Government during the administration of President Umaru Musa Yar’adua, he was fully aware of the challenges and pains most of local government Chairmen are facing.

    In order to further strengthen local government administration, the governor said plans afoot by his administration to conduct local government elections at the expiration of tenure of incumbent council leaders. 

    “We have already carried out party primaries in line with electoral best practices, and some current chairmen will return through a democratic process, Insha Allah. In this dispensation, we are most likely the only state to transition from one democratically elected local government council to another.”

    Read Also: Tinubu’s LG autonomy gamble

    On the potential challenges posed by the court’s judgment, particularly regarding financial management, personnel matters, and the state’s ongoing developmental projects, Radda noted that “between June 2023 and June 2024, the federal allocation to local governments in Katsina was about N130.1 billion. N66 billion was spent on salaries, N10.1 billion on pensions and gratuities, N12.13 billion on security, N376.6 million on security requests from some local governments, and N4 billion on direct running costs to local government councils.”

    He stressed the need for a comprehensive strategy to address the challenges posed by the judgment. According to him, “we must use the coming weeks to review all our existing laws and begin to work on new laws that will harmonise our developmental objectives”

    The governor then appealed for cooperation and collaboration among all stakeholders to enable the state navigate the new realities brought about by the Supreme Court’s decision.

  • Tinubu’s LG autonomy gamble

    Tinubu’s LG autonomy gamble

    • “Local government is not just about politics, it’s about people’s lives.” – Eric Garcetti

    At last, the Supreme Court of Nigeria has ruled in favor of Nigeria’s 774 Local Governments (LGs)! May God’s name be praised!

    Yes, the Supreme Court’s ruling is a significant victory, ordering 20.6% of the federation account allocation to be paid directly to LG accounts, as constitutionally mandated! But how did Nigeria descend to this point? It’s clear that most state governors sought to control LGs by appointing their herds and apparatchiks as council chairmen, thus disregarding elections. President Bola Tinubu deserves the highest praise imaginable for taking bold action.

    In Nigeria, state governors have historically been reluctant to grant fiscal autonomy to the LGs for the obvious reasons of political power play, fear of reduced revenue, patronage and clientelism, fear of accountability and corruption. Notable among others are centralization of resources and reduced influence over council chairmen. So, Tinubu’s laudable step should be supported because strengthening the third tier of government and attracting competent individuals with better managerial skills is crucial. We can only wish this had been done and constitutionalized since 1999.

    In a democracy, development typically starts at the grassroots level, as seen in countries like India and Malaysia. Consider Andy Burnham, whose political career started in the local government (as Councilor in Leigh Metropolitan Borough Council: 1986-1992)! He moved to national politics (as Member of Parliament, MP, for Leigh: 2001-2015, and Cabinet Minister: 2008-2010). In 2017, Burnham returned to regional politics as the directly elected Mayor of Greater Manchester, a position he holds till date. In Nigeria, can former Vice President Yemi Osinbajo ever consider chairing Ikenne Local Government in Ogun State? Well, this is how successive leaders have dragged the country and it is unfortunate!

    Jerry Brown is another exemplary leader who demonstrated a commitment to public service. Firstly, he served as governor of California from 1876 to 1983. He ran for president in 1988 and 1992 and served as Mayor of Oakland from 1999 to 2007 before serving again as the Governor of California from 2011 to 2019. This career path highlights how developed societies value and prioritize local government administration. In contrast, it’s unlikely that former Vice President Atiku Abubakar would ever consider becoming the Chairman of Jada Local Government in Adamawa State, which underscores the differing priorities in Nigeria’s political landscape.

    While a robust LG is one that can generate its own revenue and develop at its own pace, it is nonetheless clear that our understanding of local and state government structures and their relationships is flawed, leading to our current predicament.. Here, the state governments are usurping LG powers due to their own indolence. Instead of allowing LGs to flourish, states are misappropriating funds meant for “where the rubber meets the road”, deplorably squandering them rather than utilizing them for their intended purposes. Unfortunately, no changes are forthcoming since everyone seems to be benefiting from the status quo.

    Historically, the United States created counties through referendums, at times with hundreds of counties within a state. For example, while some states have fewer, like Delaware with 3, or more, like Texas with 254, New York State has 62 counties, equivalent to Nigeria’s LGs. American counties are largely self-funded, unlike Nigeria’s LGs, which rely on federal and state allocations, often withheld or released arbitrarily by state governors. If state governments had allowed LGs to develop independently, the outcome would be vastly different. In the UK, property taxes are levied by LGs, whereas in Nigeria, states impose the Land Use Charge. A Land Use Charge on a property in Ijebu-Jesa should accrue to Oriade Local Government, not Osun State Government. If LGs in Nigeria had similar funding autonomy, imagine the transformation they would undergo!

     In ‘The People’s Republic’, Obafemi Awolowo emphasized the importance of local government autonomy for grassroots development. He believed local governments best understand their communities’ needs and should be empowered to address them. Awolowo’s policies in the Western Region reflected this, with elected councils and a focus on community development. He advocated for independent, self-sustaining local governments with the ability to generate revenue and make decisions without interference.

    In the 1950s and 1960s, LGs played a vital role. For example, a historical review of the Lagos Island LG’s achievements in housing projects, roads and drainages would be truly impressive. Back then, LGs were essentially mini-states, unlike the ineffective entities we have today. Whereas effective LG administration in other countries prioritizes citizen well-being, fosters community engagement, drives progress and maintains transparency and accountability, LGs in Nigeria are merely conduits for state governments, serving as political tools and job opportunities for political apprentices, professional hoppers and desperate politicians who delight in wallowing in delusional insinuations. It’s lamentable that Nigeria’s LGs have deviated from their original purpose.

    Matter-of-factly, pre-independent Nigeria’s LG administration was a shining example of effectiveness, with successful primary school systems, dispensaries and agricultural extension services. Even notable figures like Bode Thomas, Fani Kayode and Rotimi Williams began their careers in the LGs during the First Republic, and they were among the best of their generation. Unfortunately, the same cannot be said about the current crop of LG leaders. This legacy has been lost, but revitalizing LG autonomy can revive this progress!

    Read Also: Accept ruling on LG autonomy in good fate, CAC President appeals to Govs

    In the US, states are responsible for conducting federal elections and submitting the results to Washington for tabulation. The federal electoral body simply calculates the total and announces the winners. In Nigeria, ‘na so who born cat born kitten!’ Here, entrusting state electoral commissions with conducting federal elections would be a recipe for disaster. Although Nigeria’s current system undermines federalism, the Independent National Electoral Commission (INEC) should take over the conduct of LG elections, as this is the only way to prevent the chaos and the totalitarian grip that currently plague the process. The sad truth is that State Electoral Commissions have lost all credibility, and federalists are now bearing the brunt of this failure. In a genuine federal system, state electoral commissions are constitutionally responsible for conducting even federal elections within their states, but the current arrangement has rendered them incapable of ensuring free and fair elections.

    Since the success or otherwise of Nigeria’s decentralization reforms depends on the LGs’ ability to effectively manage resources, deliver services and engage with citizens, the Federal Government must establish a Local Government Service Commission, implement a uniform LG system, promote gender equality and strengthen LG legislation. Other challenges like inadequate funding, poor infrastructure, inefficient revenue collection, weak institutional capacity, limited access to credit and state government control must be comprehensively addressed, and public-private partnerships, infrastructure development and transparency, and accountability must be enhanced.

    With a foundation of honesty, accountability, clear role definition and effective monitoring, LG administration in Nigeria has the potential to be a powerful catalyst for grassroots development and democratic governance. Its autonomous local governments can also unlock opportunities for addressing unemployment, infrastructure development and rural-urban migration. As the incubator of innovative ideas and the engine room of progress, LGs can enhance the vital roles of traditional rulers as custodians of community customs and traditions, which successive governments have failed to adequately recognize.

    By supporting local economic development, encouraging citizen participation, increasing access to Information Communication Technology (ICT) and governments in improving their financial management systems and practices, the Federal Government can further empower LGs to become more effective, efficient and responsive to the needs of citizens. By empowering them, Nigeria can build a more democratic, inclusive, and prosperous society, unlocking sustainable development, economic growth and improved living standards. This requires a collective effort from the Federal Government, state governments and citizens.

    May the Lamb of God, who takes away the sin of the world, grant us peace in Nigeria!

  • Kudos to PBAT on LG autonomy

    Kudos to PBAT on LG autonomy

    Sir: The judgement of the Supreme Court on the financial autonomy for the local government administration in Nigeria is to me, the biggest achievement recorded by President Bola Ahmed Tinubu administration so far. The current hardship in the country would not have been this pronounced but for the virtual crippling of local governments which the nearest to the people by our state governors.

    President Tinubu has made strenuous efforts to revive Nigeria’s battered economy and the results of these are being felt in various sectors. Nonetheless, local government autonomy as pronounced by the Supreme Court signals a new dawn for grassroots development in Nigeria.

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    Since about two decades ago when the administration of former president, Olusegun Obasanjo, established joint account for the states and local governments, grassroots development has been put on hold as never before in the history of our dear nation. This is because local government has been tied to the apron-strings of the state governments. States government imposed chairmen on local government through dubious elections conducted by the so-called states Independent Electoral Commission (SIECs) which is an agency of the state governments. The result is that local government can function or be rendered comatose depending on the whims and caprices of the state governments. This is why the fulminations of many state governors over the Supreme Court judgement should not be a surprise: the channel through which the grassroots is being short-changed by the state governors has been blocked.

    President Tinubu deserves resounding accolades from all well-meaning Nigerians on this. He has dared to tread where angels fear and posterity would be kind to him over this major step to free our local government from perpetual underdevelopment.

    The president has also justified his quest to lead the nation at this critical period in her history. He has shown that he is up to the task by stepping on many toes for the betterment of the country. Nigerians need to give the president a chance and support him in his quest to lead the nation to Eldorado.

    •Adewuyi Adegbite,ayekooto05@gmail.com

  • LG autonomy: Best way to celebrate Africa Anti-corruption Day

    LG autonomy: Best way to celebrate Africa Anti-corruption Day

    • By Debo Adeniran

    Sir: The Centre for Anti-corruption and Open Leadership, CACOL congratulates President Bola Ahmed Tinubu for securing the Supreme Court judgment affirming the financial autonomy of Nigeria’s 774 local governments. It is a right step in his attempt at delivering his party’s promise of restructuring the country.

     We view the landmark judgment as the best gift given to Nigeria and Nigerians even as the whole of Africa marks the Africa Anti-Corruption Day with the theme: Effective Whistle-blowers Protection Mechanism: A Critical Tool in the Fight Against Corruption.

     It is a known fact the local government constitutes the most critical level of government in the move for sustainable national development. It is our belief that local government fiscal autonomy would promote peace and security in the country, because the people at rural communities understand their terrain better and know how to deploy resources towards tackling security challenges. It would also allow steady development that had been stifled at the local government level to be revitalized thereby delivering optimal dividends of democracy to the grassroots people.

    Read Also: Reps deputy speaker drums support for Tinubu

     Moreover, it is generally believed that local authorities play key roles towards nation building, but unfortunately the third tier of government had over time been neglected and undervalued. This Supreme Court judgment granting financial autonomy to local government is a step in the right direction and we hope it would play a significant role in strengthening grassroots administration in the country.

    Since local governments are the closest link to members of the grassroots who are supposed to elect their representatives that would govern them, it is expected that the people would now beam their searchlights on the activities of the local government administrations, when they “see something, they would say something” thereby serving as whistleblowers. The local authorities also would not have any excuse for non-performance of their statutory roles since they are now the direct recipients of their funds from the federation account. 

    We at CACOL therefore commend the Supreme Court for this landmark judgment. We have posited on several occasions that state governments should be scrapped. This is because they are meddlesome interlopers in the governing arrangement in the country. The state governments have been using the instrumentality of the Joint Account Allocation Committee (JAAC) to steal from the local government funds. The federal and Local Government authorities are more than enough to manage the country effectively. We would also like to use this medium to make known our support for any move that is backed by law to strengthen the local government and give it the needed autonomy for it to deliver the dividends of democracy to the people.

    •Debo Adeniran,

    cacolc@yahoo.com

  • LG Autonomy: S’Court judgement will promote grassroots democracy – Ex-ALGON chair

    LG Autonomy: S’Court judgement will promote grassroots democracy – Ex-ALGON chair

    The immediate past chairman, Association of Local Government of Nigeria (ALGON), Oyo State, Abass Aleshinloye, has said recent judgement of Supreme Court on local government autonomy will enhance people’s popular participation in democracy and development of grassroots economy.

    He described the judgement as long expected and needed tonic to the suffocating and dying third tier of government which is the closest to the people.

    Aleshinloye, a two terms local government chairman of Oluyole local government who recently led other local councils chairmen to a remarkable Supreme Court judgement against illegal dissolution of local government chairmen and councilors by Governor Seyi Makinde, said the current Supreme Court judgement will further reinforced earlier judgements.

    He added that the judgement will also make local government to be more effective, responsive, responsible and more service oriented in service delivery of its basic functions and make life easier and better for our people.

    He said: “No democracy in the world can survive without properly organized, democratic and financially viable and independent local council to fulfill the expectations of our poor, productive, struggling masses of our people who are main producers of our commonwealth.

    “With this new victory of financial independence, I call on all serving local government chairmen, executive, councilors, supervisory councilors, career officers, to see this opportunity to double their efforts, be more dedicated to serve our people better in giving them their well deserved dividends of democracy to all nooks and crany.

    “People look unto local government first as their ray of hope before any other tiers of government.

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    “This judgment should not be seen as antagonistic to the state government or governors, but a necessary complementary effort to any sincere governor who is genuinely interested in grassroots and overall development of the states through popular participation where all hands must be on deck to perform at the utmost level.

    “Our people at the grassroots should now be more sensitive and conscious in demanding good governance, projects, programmes and revenue, expenditure monitoring.

    “May I advise my brothers and sisters who are now chairpersons of local government that this Supreme Court judgement of financial autonomy should be judiciously use to develop our grassroots to the best of their ability because there shouldn’t be any excuse of governors hijacking local government allocations or suffocating the council. It’s not an avenue to loot funds and become a threat to good governance.

    “Please be reminded that EFCC, NFIU and ICPC are still very much alive to their responsibilities. The implication here is if a local government chairman for example gets 300M and decides to hand over 200M to his governor, he will be called by EFCC and he should remember he has no immunity like his governor!

    “The media is hereby appealed to, dedicate more time and focus on the expected change for good at the local government level. This is a golden opportunity to make our local council more effective and efficient. I thank President Bola Ahmed Tinubu for this dedication to make local government people – focused.”

  • LG Autonomy: Supreme Court judgement,  relief from financial burden to states – NGF

    LG Autonomy: Supreme Court judgement,  relief from financial burden to states – NGF

    The Nigerian Governors Forum (NGF) has described Thursday’s Supreme Court’s judgement granting financial autonomy to local governments as a relief from financial burden to state governments.

    The Chairman of the NGF and Governor of Kwara State, AbdulRahman AbdulRazaq, who expressed this position on behalf of his colleagues while speaking to journalists at the State House yesterday, however, welcomed the judgement, assuring of compliance by state governments.

    AbdulRazaq, who was flanked by the governors of Imo, Hope Uzodinma, and Bauchi, Bala Mohammed, stated that the ruling is a devolution of power that relieves governors of the significant financial burden of bailing out local governments, a expense that he noted many Nigerians are unaware of.

    While acknowledging the need for compliance, the NGF Chairman revealed that state Attorney-Generals have applied for the enrollment order, which will be carefully studied.

    “We welcome the ruling of the Supreme Court, compliance is a given and our Attorney-Generals have applied for the enrollment order, which we’ll study carefully.

    “But by and large, governors are happy with the devolution of power in respect to local government autonomy. It relieves the burden on governors. Our people really don’t know how much states expense in bailing out local governments, and that’s the issue there.

    “The forum will meet next Wednesday, to look at the issue wholly and then come up with a resolution on that.

    Read Also: My administration committed to Niger Delta development, says Tinubu

    “Like I said, we haven’t seen the enrollment of the court order and so we really don’t know what is in there,” he stated.

    As for Kwara State in particular, AbdulRahman said the judgment will not negatively affect it as the state government has not been tampering with council funds.

    “It’s not going to affect the state; we’ve never tampered with local government funds. So it’s going to continue.

    “What the local governments have to do is to manage themselves, especially with the oncoming minimum wage, to manage their affairs and make sure salaries are paid, traditional rulers get their 5% and those are the main issues,” he said.

    Asked for the reason for their visit to President Bola Ahmed Tinubu, the NGF Boss disclosed that they were in the house to discuss various issues with the President.

    “We’ve seen the President on various issues from minimum wage, which he met with labor yesterday, the Supreme Court ruling and other national issues that concern states as well. It’s omnibus,” he said.

  • LG autonomy: Implications of Apex Court verdict

    LG autonomy: Implications of Apex Court verdict

    It was victory at last for many local government chairmen and stakeholders. Yesterday’s Supreme Court pronouncements in a suit by the Federal Government against the 36 states will elicit definitive developments that will greatly define the political space and temperature of the nation for years to come.

    The seven-man panel of the Supreme Court, in the judgment delivered by Justice Emmanuel Agim, declared that the 774 local government councils in the Federation should manage their funds without interference or deduction from any quarter.

    The  Court also declared that it is unconstitutional for states to hold funds allocated for local government administration.

    The apex court held that the power of the government is portioned into three tiers  comprising the federal,  state and  local government.

    The court further declared that a state  has no power to appoint a caretaker committee, while it is mandatory for a local government council to be democratically  governed.

    “A democratically elected local government is sacrosanct and non-negotiable , ‘’ it said emphatically.

    The court ruled that states  were perpetuating a dangerous trend by refusing to allow democratically-elected local government councils to function, but rather appointing their loyalists who can only be removed by them.

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    The Attorney-General of the Federation, Lateef Fagbemi (SAN), filed a lawsuit on behalf of the Federal Government, seeking to grant full autonomy and direct funding to all 774 local government councils in the country.

    The pronouncements were direct and definitive, making many observers point out that the nation’s political firmament won’t be the same again. For sure, the pronouncements have serious implications for governors , council chairmen and councillors,  and local government councils.

    Here are a few of them:

    · Added impetus for true federalism: Many political analysts have identified the absence of true federalism as a major bane of Nigeria’s democracy. The verdict reinforces the nation’s push towards true federalism. The three tiers of government can now function like they should in a truly federal nation.

    · Massive boost for local government autonomy: The Supreme Court ruling is a big, massive boost for local government autonomy. For decades, local governments have suffered under the suffocating grip of governors who not only allegedly divert their funds but also impose chief executives on them. Without the all-conquering powers of governors, council bosses can settle down to work without fear of intimidation and interference.

    · Financial autonomy for councils: Many local governments across Nigeria have been deprived of allocations and financial resources required for development. With the verdict, the councils can deploy enough resources for the benefit of rural dwellers and stakeholders. 

    · Stronger grassroots democratic culture: Owing to decades of imposition through transitional arrangements and caretaker committees, democratic culture has been at the lowest ebb in many local governments. By declaring that governors cannot dissolve democratically-elected local government councils , there would be deeper democratic activities at the grassroots.  Councillors, in many local governments, constituting the legislative arm, have been docile, mainly drawing allowances without much to do. With the decision, they will become potent tools to checkmate the excesses of council chairmen, holding them accountable for actions and inactions like they should in a real democratic setting. 

    · Fully competitive council polls: With governors unable to arbitrarily sack elected local government chairmen, competitions during local government polls would be tougher with many parties emboldened to fight the status quo. They can hold on to their strongholds and give ruling parties a big run for their money. The voters would be the automatic winners with their increased ability to determine their chairmen as against the prevalent culture of imposition and clean sweep by ruling parties.

    · Respect for local government chairmen: For years, local government bosses have been seen as disposable political items existing only at the whims and caprices of governors. With this ruling, they can truly hold their heads high and deliver good governance without threat of political persecution and extinction.

    · Greater accountability at council levels: Many council bosses have got away with many infractions in the past under the guise of being controlled by states.  The new lease of freedom means that people can truly hold them responsible for their actions and inactions. With the ‘culture of favouritism ’ out of the way, local government stakeholders can truly determine helmsmen who perform and those due for replacement at the next electoral cycle.

    · Improved democratic dividends at the grassroots: With the most potent, visible ‘excuse’ for non-performance taken care of, observers believe there should be no reason why council chairmen won’t deliver democratic dividends to residents. With Federal allocation directly paid and threat of sack out of the way, council bosses with ingenious political moves should be able to deliver good governance marked with developmental strides.

    · Boost for judicial clarity: The Supreme Court pronouncements were neither ambiguous nor ambivalent. They were very concise, precise and direct ; easy  to understand. The apex court has  shown  the lower courts the way to go on cases with significant impact as against ambivalent rulings and judgments ,  thus leaving  room for misinterpretations by counsel and interested parties .

    Some political watchers however believe that the apex court went beyond the law in addressing the vexed issue. They contend that the states are empowered by the Constitution to have a say in local government allocation, citing Section 162 (5) and (6) thereof to support their claim.

    The above subsections read:

    (5): The amount standing to the credit of local government councils in the Federation Account shall also be allocated to the states for the benefit of their local government councils on such terms and in such manner as may be prescribed by the National Assembly

    (6): Each state shall maintain a special account to be called ‘State Joint Local Government Account’ into which shall be paid all allocations to the local government councils of the state from the Federation Account and from the government of the state

    An observer said last night: “These provisions speak for themselves. If some states are abusing the provisions, the government knows what to do. It is not for the Supreme Court to remove a right granted the states by the Constitution just like that. It is not fair to the states”.

    Is there still a remedy for the states? They can go back and ask for a review. Will the court grant it ?

    This is indeed the end of impunity,  lawlessness and vindictiveness by governors in local government administration.  Caretaker committees for local government’s are illegal.  Elections must be conducted before the expiration of the tenure of Council chiefs.

  • TIMELINE: How FG fought, won battle on LG autonomy against 36 state governors

    TIMELINE: How FG fought, won battle on LG autonomy against 36 state governors

    Mixed reactions have trailed the latest ruling by the Supreme Court declaring that it is unconstitutional for state governors to hold funds allocated for local government administrations.

    The latest ruling has affirmed the financial autonomy of Nigeria’s 774 local governments. The local government is Nigeria’s third tier of government, the level of government closest to the grassroots.

    Autonomy implies that the local governments will have the liberty to independently exercise authority with the backing of the law and the constitution.

    It also means the power and liberty to effectively and efficiently discharge constitutionally assigned responsibilities without undue interference, restraint, or control by either the federal or state authorities.

    The long-running funding arrangement, upended by Thursday’s Supreme Court judgment, had helped governors exert absolute control over the local governments.

    The seven-man panel, in the judgment delivered by Justice Emmanuel Agim, declared that the 774 local government councils in the country should manage their funds themselves.

    The apex court held that the power of the government is portioned into three arms of government, the federal, the state, and the local government.

    In the suit marked SC/CV/343/2024, the Attorney General of the Federation and Minister of Justice, Lateef Fagbemi, had filed a suit on behalf of the Federal Government at the apex court in this regard, seeking a slew of reliefs from the court to reverse the trend.

    The 36 state governments, through their attorneys general, filed a counterclaim, arguing that the Supreme Court lacked the jurisdiction to hear the case.

    They claimed that the AGF lacked the locus standi to institute the suit for the local governments.

    On Thursday, June 13, 2024, Justice Garba Lawal, who led the seven-member panel of Justices of the Supreme Court reserved judgment on the suit filed by the federal government against the 36 state governors.

    There are 774 Local Government Areas (LGAs) in the country, listed in the Constitution, which constitute the third tier of government in Nigeria, and are part of the country’s federating units.

    Statutorily, they benefit from financial allocations from the centre for the discharge of their functions.

    Besides the seizure of funds, democratically elected chairpersons and councilors of local governments are routinely sacked from office and replaced with Caretaker Committees.

    To cure these ills, therefore, the Federal Government asked the Supreme Court to give an order to expressly state that the funds of LGAs from the Federation Account should be paid directly to them, rather than through the state governments.

    The suit is hinged on 27 grounds; “That the constitution of Nigeria recognizes federal, states and local governments as three tiers of government and that the three recognized tiers of government draw funds for their operation and functioning from the federation account created by the constitution,” the originating summons reads.

    “That by the provisions of the constitution, there must be a democratically elected local government system and that the constitution has not made provisions for any other systems of governance at the local government level other than the democratically elected local government system.

    “That in the face of the clear provisions of the constitution, the governors have failed and refused to put in place a democratically elected local government system even where no state of emergency has been declared to warrant the suspension of democratic institutions in the state.

    “That the failure of the governors to put democratically elected local government system in place is a deliberate subversion of the 1999 Constitution which they and the President have sworn to uphold.

    “That all efforts to make the governors comply with the dictates of the 1999 Constitution in terms of putting in place a democratically elected local government system, has not yielded any result and that to continue to disburse funds from the federation account to governors for non-existing democratically elected local governments is to undermine the sanctity of the 1999 constitution.”

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    The federal government asked the apex court to invoke sections 1, 4, 5, 7, and 14 of the constitution to declare that the governors and state houses of assembly are under obligation to ensure democratically elected systems at the third tier.

    The judgment held that the use of a caretaker committee amounts to the state government taking control of the local government and is in violation of the 1999 Constitution.

    The court ruled that state governments are perpetuating a dangerous trend by refusing to allow democratically elected local government councils to function, instead appointing their loyalists who can only be removed by them.

    The FG has always contended that Nigeria as a federation, is a creation of the 1999 Constitution with the President as the Head of the Federal Executive arm of the Federation and has sworn to uphold and give effects to the provisions of the Constitution.