There are frantic efforts by laggard state governments across the country to meet the requirement of section 7(1) of the 1999 constitution (as amended), more so, as the beginning of the enforcement of the recent Supreme Court’s landmark judgment is around the corner. The constitution abundantly provides:
S.7 – (1) The system of local government by democratically elected local government councils is under this constitution guaranteed, and accordingly, the Government of every state shall ensure their existence under a Law which provides for the establishment, structure, composition, finance and function of such councils.
(2) The person authorized by law to prescribe the area over which a local government council may exercise authority shall
(a) define such area as clearly as practicable; and
(b) ensure, to the extent to which it may be reasonably justifiable, that in defining such area regard is paid to –
(i) the common interest of the community in the area;
(ii) traditional association of the community; and
(iii) administrative convenience
(3) It shall be the duty of a local government council within the state to participate in economic planning and development of the area referred to in subsection (2) of this section and to this end an economic planning board shall be established by a Law enacted by the House of Assembly of the state.
(4) The Government of a state shall ensure that every person who is entitled to vote or be voted for at an election to the House of Assembly shall have the right to vote or be voted for at an election to a local government council.
(5) The functions to be conferred by Law upon local government councils shall include those set out in the Fourth Schedule to the Constitution.
(6)Subject to the provision of this Constitution–
(a) the National Assembly shall make provisions for statutory allocation of public revenue to local government council in the Federation; and
(b) the House of Assembly of a State shall make provisions for statutory allocation of public revenue to local government councils within the state.
The Supreme Court in its landmark judgment held that the guarantee of democracy provided for in section 7(1) is sacrosanct, and as such, only democratically elected local governments shall be entitled to receive allocation from the federal government as envisaged by section 6(a) above. Considering that our country runs what some writers have described as a feeding bottle federation, the judgment of the Supreme Court, if implemented, will put enormous powers in the hands of the local government administrators. Whereas there are even more enormous economic potentials in the hands of the local government administrators, most of them, only rely on the handouts, in the same manner as many governors do.
While the issue of the creation of local governments appear to have been settled in an earlier case between the Lagos State government versus the federal government when President Bola Ahmed Tinubu was the governor of Lagos State, the local government administrators have not summoned courage to test the extent of their economic powers and privileges as envisaged by the provisions of section 7(3), and the Fourth Schedule to the 1999 constitution. A cursory look on the provisions shows that the economic sphere of the local governments is enormous. But sadly, state government over the years, have substantially emasculated those powers.
Let me list a few of those powers as provided under the Fourth Schedule.
Paragraph 1(b) – collection of rates, radio and television licenses;
(c) – establishment and maintenance of cemeteries, burial grounds and homes for the destitute or infirm;
(e) establishment, maintenance and regulation of slaughter houses, slaughter slabs, markets, motor parks and public conveniences;
(f) construction and maintenance of roads, streets, street lightings, drain and other public highways, parks, gardens, open spaces, or such public facilities as may be prescribed from time to time by the State House of Assembly;
(g) naming of roads and streets and numbering of houses;
(h) provision and maintenance of public conveniences, sewage and refuse disposal;
(i) registration of all births, deaths and marriages.
(iv) restaurants, bakeries and other places for sale of food to the public;
(v) laundries, and,
(vi) licensing, regulation and control of the sale of liquor.
2. The functions of a local government council shall include participation of such council in the government of a state as respects the following matters –
(a) the provision and maintenance of primary, adult and vocational education;
(b) the development of agriculture and natural resources, other than the exploitation of minerals
(c) the provision and maintenance of health services, and
(d) such other functions as may be conferred on a local government council by the House of Assembly of the state.
Instead, of pushing the local government administrators, to perform the listed functions, for the good of the states, the scramble to elect local government administrations that are loyal to the state governments, appear to be to be the only paramount interest of state governments. Across the political divides, and states, the challenge is to return candidates of the ruling party in the state, in all the local government elections. So, nearly every state, ensures through the state electoral commission, the (s)election of chairmen and councillors, from the same party as that of the state governor. One hopes that in returning their favourite party candidates, a thought is speared about those capable of carrying out the enormous economic responsibilities provided for, in the constitution and the relevant state laws.
This writer calls out the frontline state governments, in the country, to take up the challenge of empowering their local governments, with the responsibilities, as envisaged by the constitution. The executive, legislative and judicial branches in such frontline states can collaborate to make their local governments models for other states. The present disposition of nearly all the states, working to clubber their local governments, to be sheepish and operate as mere cash sharing centres does not do anybody any good. After all, even those presently in government will eventually leave, and join the rest of Nigerians to suffer the indignities associated with a failed local government administration.
There is also the need for such frontline states to collaborate with the National Assembly to tinker with the modality for elections at the local governments. Sadly, state independent electoral commissions have been anything but independent. For the good of the polity, there is an urgent need for a bipartisan approach, to deal with that challenge, and bring respect to the local government elections. No doubt, the states of underdevelopment in our local governments are enablers for the insecurity ravaging most of our rural communities.
