Tag: local govt autonomy

  • Local Govt Service Commissions, local govt autonomy reform implementation, and challenges ahead

    Local Govt Service Commissions, local govt autonomy reform implementation, and challenges ahead

    In delivering the keynote address at the just concluded 2025 National Summit of the Local Government Service Commissions (LGSCs), I was compelled to observe the significance of the Summit coming on the heels of the 2024 reconvened National Council of the Civil Service Commissions of the federation as well as the Biennial Assembly and Conference of the African Association of Public Service Commissions (AAPSCOMMSs) which held in Nairobi, Kenya, also in 2024. These meetings and events signal the possibility that the public administration communities of service and practice in Nigeria might be waking up to their gatekeeping responsibilities in a collective bid to strengthen the profession of public administration in Nigeria and on the continent. This is a very good signal. And it is one that the Federal Civil Service Commission is ever ready to extend and partner with the Association of the LGSCs in concretizing.

    This emerging awareness is crucial given that all across the globe, there is consensus regarding the significance of local governance and the strengthening of democratic governance through the devolution of powers to local authorities. This growing awareness is even more important for developing contexts like Nigeria where democratic governance must necessarily constitute the means for activating development. This immediately reveals the ideological dimension of the ongoing discussion in Nigeria around the necessity of reforming the local government as the formidable third-tier of democratic government as well as grant it autonomy to deliver on local and grassroots governance. Successfully reforming the local government is therefore the way to go in placing the grassroots and its potentials at the center of democratic governance in Nigeria. There is no doubt whatsoever that the grassroots, aside its democratic potentials, also possess the natural resources and the requisite capabilities that could be harnessed to lift millions of Nigerians out of crippling multidimensional poverty. The grassroots possess the social capital that enables the people in the various rural communities to organize themselves around the available resources that could facilitate inclusive growth and development. This could therefore enable the government to mobilize local governance as a complement for achieving democratic governance, as well as consolidating, for example, the sustainable development goals (SDGs). The implication of all this, and especially of the government’s reform that grants financial autonomy to local government, is that there is now a larger imperative –involving the LGSCs—that focuses on the significance of local governance and its capability readiness for the national development and democratic projects in Nigeria.

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    The idea of the civil service commission (CSC) came out of the Northcote-Trevelyan civil service reform of the British civil service in 1885. It was meant to serve as the gatekeeping mechanism for preserving and protecting the merit system, professionalism and the vocation of the civil service. Its responsibility is to ensure that the system only recruit, train and absorb those who have the public spiritedness which insists on deferred gratification in the service of the public. In the Nigerian case, and beyond the emergence of the FCSC and CSCs of States, the LGSC came out of the 1976 local government reforms with the constitutional mandate to standardize the administrative and personnel practices, maintain professional standards conducive for efficiency at the local authority level, as well as overseeing manpower planning, assessment of staffing requirements, career management, training and capacity development, and so on. And the most fundamental criterion for evaluating the efficiency and the capacity of the LGSC to not only manage the affairs of the local government is now to also monitor and guarantee the degree of local autonomy enjoyed by the LGAs.

    The Local Autonomy Index, for example, provides a barometer that speaks to the level of autonomy enjoyed by any local authority: Is the leadership of local councils locally and freely elected? Is local revenue available for the use of the local governments? Do LGs generate and implement their own budget? Can LGs seek legal redress if any other tier of government breaches its enabling law? Do LGs enjoy administrative autonomy to control their management systems, in terms of the recruitment and appointment of own staff, etc.?

    The autonomy issue intersects the deepening of democratic governance in Nigeria because granting the third tier its governance autonomy implies allowing it to deploy its resources and national revenue accruing to it towards catalysing poverty reduction, wealth creation, and economic development. All these in turn become the bedrock for the transformation of the economic basis of the Nigerian state itself. Indeed, the Ojetunji Aboyade Committee on Revenue Allocation of 1977, by assigning a share of revenue allocation from the Federation Account to local governments and like the other two tiers, had set it in good governance stead to become a focal point of significant development activities that require high-calibre professional personnel to manage. And given the recent Supreme Court judgment on local government fiscal autonomy, there is the serious possibility that an era of robust and vibrant local governance is about to dawn in ways that takes the local governments away from its low fiscal responsibility towards a model of developmental efficiency.

    Even putting the autonomy issue in this optimistic frame must anticipate serious issues that intersect with the current problems attending the nature and status of the local government as the third-tier of government in Nigeria. One reality is that many of these local government areas were created not because of any concern for administrative viability, but more importantly to service political patronages and necessities. In coming to terms with the realization of local government autonomy in Nigeria, therefore, the LGSC has to first confront structural, systemic and constitutional issues that complicate the possibility of bringing it to pass. First, there is the acute politicization of the local government autonomy that hinges on the overlordship of the state government. In other words, there is a constitutional and legal conflict arising between, on the one hand, the guarantee of section 7 of the 1999 Constitution legislating the existence of democratically elected local governments, and on the other hand, the legal capacity of the state government to create laws and policies that regulate the local government system. Second, there is a constitutional ambiguity with regard to the status and role of the local government as the third tier of the federal government which has been hitherto exploited to facilitate the politicization mentioned earlier.

    Third, and based on the many years of neglect, political patronage and bureaucratic and political corruption, the local government authority has developed a deep-rooted institutional capability and capacity deficit that manifest in the form of poor pay and compensation structure, non-competency-based human resource management standards and procedures, weak or even virtually non-existent internal management control, degraded rating, and more, that together have reduced the local government to the lowest bottom of public perception. Lastly, there is also the conflict of interest and loyalty that result from local government staff who pay allegiance to the state government rather than to the local councils that employ them. This has implications for the possibility of designing and implementing local policies.

    The LGSC therefore confronts the urgency of supervising the emergence of Nigeria’s own indigenous model of local governance that will in turn supervise and harness the grassroots and community-based structures of social capital, networks and subsidiarity as the nodal service delivery points in terms of, for example, community policing, waste management, etc. This will require that the LGSC will also be prepared to service the high-end capacity, capability and professional competence that local autonomy will demand in terms of the management of the local government councils. This now brings us full cycle back to the LGSC and its fundamental role in gatekeeping the reform of the local government councils and authorities.

    In facilitating its gatekeeping constitutional responsibility, the LGSC first has to manage its own existence and authority placed under the watchful control of the state governments. It is therefore centrally situated at the eye of the storm to mediate the challenge of achieving autonomy.

    This situation concretizes the significance of the LGSC as the structural and administrative node for connecting local governance to democratic governance in Nigeria’s political context. This only then means that for the institution to succeed in its gatekeeping mandate, it demands a deep-seated reconceptualization of its objectives, mandates and modus operandi. Reconstituting and reforming the LGSC demands a lot in terms of constitutional enabling and structural capability. This will affect the leadership and stakeholder composition as well as the dynamics of its operations. For instance, the LGSC would have to operate not only with a renewed and redesigned manifest of delegated powers and functions involving local government chairmen and councillors, it will also need new schedules of duties and responsibilities that connect the local government to the citizens as end users.        

    What then are the key reform requirements that will facilitate this reconceptualization of the LGSC as a key institution in the transformation of local governance in Nigeria? Aside the imperative of restructuring the LGSC to facilitate the emergence of new stakeholder and a robust mandate and modus operandi, the administrative autonomy of the institution must be ensured. This is the crucial first step in the responsibility of enabling it to work towards the re-professionalization of the local government councils in ways that ensure its efficient productivity. This administrative independence allows it to streamline recruitment, appointment and personnel administration without undue and distracting interference from the state and from the local government leadership. 

    The second most significant reform issue concerns funding. This is where administrative autonomy connects with fiscal responsibility of the LGSC. A crucial dimension of its personnel administrative responsibility is manpower training and development. Without these, then the entire gatekeeping architecture collapses. The imperative, confronted by the LGSC, of gatekeeping personnel and human resource function, managing performance improvement and capacity reprofiling demands that the funding necessity must go beyond the meagre allocation that would hitherto accrue from the erstwhile State-Local Government Joint Account. Without a consistent source of significant funding, then the significance of the LGSC is crippled.  

    The importance of the LGSC in the public administration dynamics of local government and local governance in Nigeria cannot be underestimated. In constitutional and political terms, it is caught in a dilemma between what the Constitution mandates, and what the reality of state legal capacities demand. It requires a formidable reconceptualization in ways that will enable it give birth to a developmental model of local governance that Nigeria urgently needs to capacitate its democratic governance and national development. A good starting point is for the federal government to revisit the constitutional measures for inter-governmental relationship and partnership that make the state government a key stakeholder in local governance without in any way undermining the crucial local government autonomy as the third tier of government. This constitutional vigilance of the federal government, armed with constitutional safeguard, will ensure that the LGSC become the structural negotiation of a win-win relationship between the state and the local government to facilitate the emergence of the grassroots as a formidable site for progressive development that empowers the citizens and strengthens Nigeria’s democracy.  

    Prof. Tunji Olaopa Chairman, Federal Civil Service Commission & Professor  of Public Administration,  Abuja. (Being text of the Keynote Address delivered at the 2025 National Summit of the Association of Local Government Service Commissions of Nigeria held in Abuja on the 15th of October, 2025)

  • Local Govt autonomy negates federalism, says envoy

    Local Govt autonomy negates federalism, says envoy

    Former Nigeria’s Ambassador to the Philippines and veteran broadcaster, Dr Yemi Farounbi, has criticised the Federal Government’s stance on local government autonomy, describing it as ‘contrary to federalism’.

    Dr Farounbi, who spoke on Fresh 105.9 FM’s radio programme, Political Circuit, argued that President Bola Tinubu’s support for local government autonomy is an attempt to undermine the powers of state governors.

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    He maintained that the Federal Government should focus on its responsibilities and leave the states to manage their affairs.

    Farounbi said: “My understanding and that of any intelligent man is that the federation is the Federal Government and the federating units. The state is the state government plus the local government. But if we are going to have the federal government and the local government, we are going to have a big problem.

  • Why states may not allow local govt autonomy, by chairman conference of speakers

    Why states may not allow local govt autonomy, by chairman conference of speakers

    The chairman of the Conference of Speakers of State Houses of Assembly in Nigeria, Adebo Ogundoyin said on Monday, May 27, that the various states of the federation may not allow local government to have administrative and financial autonomy because of the fear that the federal government may use the local government against them. 

    Ogundoyin, who spoke at a national discourse on Nigeria’s security challenges and good governance at the local government levels organised by the House of Representatives said granting financial autonomy to the level government will engender massive corruption at the local level. 

    He argued that the Economic and Financial Crimes Commission and other anti graft agencies will not have the required manpower and financial resources to investigate corruption at the local level. 

    He said: “I will like us to consider 2 different scenarios for the purpose of this discourse. Let us imagine a system of government that operates financial autonomy for Local Governments. Some of the problems I foresee would afflict the Local Governments if financial autonomy is granted include

    “Inadequate resources (especially in urbanized Local Governments). This is going to be closely followed by mismanagement or misappropriation of funds or put simply as corruption. The LGA will be answerable to the Federal Government and other federal agencies e.g EFCC, House of Representatives which will have oversight functions over the LGA). 

    “Then, there is the issue of Accountability and Transparency which is already a challenge at both National and sub-National levels. Going by what we see during oversights these problems already persist in an incapacitated Local Government system. 

    “One can only imagine the extent of these problems once there are more resources given to them directly. 

    “Let us also not forget the possibility of the Federal Government usurping the roles of the State Governments as the popular saying goes — “He who pays the piper dictates the tune”. It’s therefore the general belief of the States that the Center can use the Local Government as an instrument against them. 

    “On the other hand, let us equally imagine a scenario where state governments have the authority to determine the number of Local Government they choose to have for administrative purposes. For me, it is then that we will start enjoying more dividends of True Federalism. So, the issue of creation of local governments by states is yet another challenge. 

    “The problem of low revenue generation capacity for Local Governments is another issue. It’s common belief that the state Government hinders the ability of the local governments to generate revenue but we also have to recognize that most local governments are in the rural environments which makes it more difficult for them to generate revenue. 

    “It is rather worrisome that most Local Governments depend on the Federation account for their spending, including payment of staff salary. 

    He said that every Nigerian should as a matter of civic responsibility be interested in the effective functioning of governance both at the national and subnational levels to bring about all round meaningful growth. 

    According to him, “good governance is no doubt the bedrock of a prosperous society. It encompasses transparency, accountability, inclusivity, and responsiveness. At the sub-national level, where the government is closest to the people, these principles are even more vital. 

    “Having identified good governance as pivotal for development, all the three tiers of Government in Nigeria — Federal, State and Local Governments must strive to institutionalize and internalize the concept for socioeconomic growth and stable polity. 

    “Nigeria has a total of 774 local government areas (LGAs) spread across the country. They are seen as viable instruments for development and for the delivery of social services to the people as a result of their proximity to the grassroots. 

    “However, one can say that virtually all of them are experiencing the same challenges in terms of service delivery and effective governance. 

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    “The question as to whether Local Government Autonomy is the solution to these problems is widely debated and I’m certain that the debate will carry on until we determine the kind of governmental system we choose to adopt holistically. Do we adopt a Federal system of Government or a Government which will retain more powers at the centre? 

    He however said that the Local Governments must evolve new and viable ways and sources to generate more money into the coffers of their councils to augment what is coming from the Federation account through the states. 

    “It is also necessary for the states to be devoid of Local Taxes and Levies, Commercial Activities eg (Public Transportation), Markets, car parks etc. This will enable Local Governments to use money generated as IGR to discharge their statutory responsibilities and embark on more developmental projects. 

    “Another challenge is lack of capacity and professionalism. Regularly upgrading the skills, knowledge and capacity of the Local Government staff will lead to optimum performance.”

  • Fed Govt sues governors over local govt autonomy

    Fed Govt sues governors over local govt autonomy

    The Supreme Court will on Thursday commence hearing of a suit in which the Federal Government is challenging the ‘’unilateral, arbitrary and unlawful’’ removal of democratically-elected’’ local government area chairmen by governors.

    Attorney-General of the Federation and Minister of Justice (AGF) Lateef Fagbemi (SAN) filed the suit marked SC/CV/33/2024, a week ago. The governors were sued through their respective state Attorneys- General.

     Other requests by the Federal Government are an order stopping governors from constituting caretaker committees to run the affairs of Local Governments and an injunction restraining them (governors), their agents, and privies from receiving, spending or tampering with funds released from the Federation Account for local governments.

     Fagbemi premised his prayers on 27 grounds. They include that the country being a creation of the Constitution with the President as Head of the Federal Executive arm of the Federation swore to uphold and give effects to the provisions of the constitution.

     He argued: “The governors representing the component states of the federation also swore to uphold the constitution and to at all times, give effects to the constitution and that the constitution, being the supreme law, has binding force all over the federation of Nigeria.

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    “The constitution of Nigeria recognises federal, states, and local governments as three tiers of government and that the three recognised tiers of government draw funds for their operation and functioning from the Federation Account created by the constitution.

     “By the provisions of the constitution, there must be a democratically elected local government system, and 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.

     “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.

     “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.

     “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 government is to undermine the sanctity of the 1999 Constitution.

     “In the face of the violations of the 1999 Constitution, the Federal Government is not obligated under Section 162 of the Constitution to pay any state, funds standing to the credit of Local Governments where no democratically elected local government is in place.”

     Fagbemi therefore asked the Supreme Court to invoke sections 1, 4, 5, 7, and 14 of the Constitution and declare that state governors and state Houses of Assembly are under obligation to ensure a democratic system at the third tier of government.

     Besides, he requested the apex court to invoke the same sections by declaring that the governors cannot lawfully dissolve democratically elected local government councils.

     He also sought the court’s invocation of sections 1, 4,  5,  7, and 14 of the Constitution to declare that the dissolution of democratically elected local government councils by governors or anyone using state powers derivable from laws enacted by the state Houses of Assembly or any Executive Order is unlawful, unconstitutional, null and void.

     In a supporting affidavit, Fagbemi stated that the local government system recognised by the constitution is democratically elected and that the amount due to them from the Federation Account is to be paid to through the system recognised by the constitution.

     He added: “Notwithstanding the clear provisions of the 1999 Constitution and the decisions of this court on the sanctity of democratically elected local government system, the defendants have failed and refused to put in place a democratically elected local government system:

     “No state of emergency has been declared in any of the states to warrant the suspension of democratic institutions.

     “The various states. acting through their successive State Governments, are in the habit of truncating democracy at the Local Government level in Nigeria;

     “The states, acting through their State Governments, dissolve willy-nilly democratically-elected members of Local Government councils In their domains and replace them with Caretaker or other Committees called by whatever names they deem fit;

     “This action is of great concern to the Federation of Nigeria, and also of great constitutional importance to the entire citizens. There has been a great public outcry against this practice,

     “The refusal or failure of the defendants to put in place a democratically elected local government system is a deliberate subversion of the 1999 Constitution of the Federal Republic of Nigeria, which the President of the Federal Republic of Nigeria has sworn to uphold; and

     “Efforts to make the defendants comply with the dictates of the 1999 Constitution in terms of putting in place a democratically elected local government system has not yielded any positive result.

     “The 1999 Constitution provides for the distribution of public revenue to the three tiers of government to wit, Federal, State, and Local Governments.

     “In furtherance of the need to ensure the distribution of public revenue, the Constitution mandates the Federation to maintain a specific account called  ‘the Federation Account’ into which all revenue collected by the government of the Federation are paid except certain exempted funds, to the state for the benefit of the democratically elected local government councils

     “The desire of the government of the Federation of Nigeria to prevent funds due to the local government councils from the Federation Account from getting into wrong hands will promote fiscal responsibilities created by the Constitution of the Federal Republic of Nigeria; and help put an end to the insecurity, which is now prevalent in the local government areas of the nation, due to abject poverty, unemployment and tack of basic amenities at the grassroot level.

     “The amount standing to the credit of local government councils in the Federation Account is to be allocated to the States for the benefit of the local government council

     “Each state is to maintain a Special Account to be called ‘State Joint Local Government Account  into which shall be paid all allocations to the local government councils,

     “The amount due to the local government council from the Federation Account is to be paid to the local government system recognised only by the Constitution:

     “The local government system recognised by the 1999 Constitution is the democratically elected local government council;

     “The money from the Federation Account being allocated to the state for the benefit of the local government council are funds received in trust for the benefit of local government councils;

     “By the failure of the defendants to put in place a democratically elected local government system, Defendants have continued to deny the Plaintiff and Federation Account constitutional beneficiaries (to wit, democratically elected local government system) of funds that may be due from the Federation Account:

     “To continue to disburse or release funds from the Federation Account to the defendants for the non-existing democratically elected local government system is to undermine the sanctity of the 1999 Constitution:

     “By continuing to release funds to the defendants when no democratically elected local government system is put in place is to give room for persons not constitutionally recognized to spend funds due to the local government councils;

     “The plaintiff and defendants have a duty to ensure that corruption is stamped out of Nigeria system at all cost;

     “The Federation of Nigeria is always willing to comply with the dictates of the 1999 Constitution by releasing funds due to the local government council from Federation Account.”