LOCAL GOVERNMENT AUTONOMY: SETBACKS, AND MEASURES TO BE CONSIDERED IN AVOIDING A CONSRAINT TO ITS SEAMLESS FUNCTION – Balogun Baaki Adekunle

By Balogun Baaki Adekunle*

ABSTRACT – Local government is a recognized system of governance which has been in existence well before colonialism. In recent times, reforms have been raised and initiated for the local government to have a smooth running and bring to the people a competent leadership that will see to their utmost needs and put in place development for people at the grassroots. Part of the initiative proposed from the inception of the reform has been “Local Government Autonomy”.

Despite the constitutional recognition of this concept, the states have continued to maintain a strong grip of control over local governments. This includes the arbitrary dissolution of elected local government councils by state fiat for varying political reasons. After some decades, this has evolved into a battlefield between those who represent the interest of the people and those against this productive initiative (Local government autonomy). The Supreme Court of Nigeria on July 11^th 2024 ruled in favour of total autonomy for Local Government and directed that allocation should be paid directly to local government. This paper therefore aims to contribute to already existing literature on the concept.

Keywords: local government, autonomy, constitution, legislature, democracy, grassroots development.

INTRODUCTION

Local government is the oldest organization in the human race, it developed from the structure of villages and clans which were a close leadership to the people. A quick scenario is of a Local Government Chairman who has over him a state government whom he reports to the affairs of the constituents under his leadership and listens to all the recommendations and complaints from the taxpayers, business owners, and residents he serves. One of the major functions of local government is to bring about meaningful development in rural areas. It is necessary to note that before this system can become a success and achieve the needful result, there should be total autonomy in place which enables the local governments to have a system of governance free from external influence, thereby allowing them to concentrate on the well-being of the ruled without distraction from external threat. 

LOCAL GOVERNMENT

 There is no widely accepted definition of the concept of local government. However, there exist some definitions which would be considered in this work. According to the United Nations Division of Public Administration, local government is defined as a political subdivision of a nation or in a federal system. A state which is constituted by law and has substantial control of local affairs, including the power to impose taxes or exact labour for prescribed purposes.

According to G.O. Orewa, it is the lowest unit of administration whose laws and regulations are binding on the communities, who live in a defined area with common social and political ties.    According to the 1979 Local Government Reforms, it is the government at the local level exercised through representative councils established by law to exercise powers within defined areas. Gboyega (1987) argued that the existence or need for local government can be justified based on its importance to democratic governance or administrative purposes such as responsiveness, accountability and control.

Ola (1984) cited in Adeyemo (2005) amplified this position into different schools of thought with emphasis on the functional responsibilities of local government. These schools are the democratic participatory school, the efficient service delivery school, and the developmental school. The democratic participatory school holds that local government functions bring about democracy and afford the citizenry opportunities for political participation, education and socialization.

The efficient service delivery school of thought, on the other hand, stresses that what is important and central to the local government is not the bringing about of democracy per se but rather its ability and capability to provide efficient and effective basic services to the people at the grassroots. The developmental school of thought lays emphasis on how local government in a developing country can be an effective agent for a better life, an improved means of living socially and economically, and a means to better share of the national wealth.

By the previous definitions, it is ideal to note that local government is the closest leadership to the people in their respective areas, its contribution and impact on the people at the grassroots level is so wide and important. Therefore, it is necessary for this level of government to have authority and control over certain requirements needed for them to control the people pleasantly. To ensure smooth control and exercise of power over the people, it is trite to have local government autonomy in place which is effective. This brings us to the meaning and definition of local government autonomy.

LOCAL GOVERNMENT AUTONOMY

The conceptual interpretation of the term “local government autonomy” is perceived as local self-government or grassroots democracy (Adeyemo, 2005). Grassroots democracy is primarily aimed at allowing the vast majority of the people to participate in determining their destiny. Hall Walman, Micheal Bell, Robert McManmoon and David Brunori, define local government autonomy conceptually as:

“a system of local government in which local government units have an important role to play in the economy and intergovernmental system, have discretion in determining what they do without undue constraint from higher levels of government, and have the means or capacity to do so”

Nwabueze (1983) asserts that autonomy would only be meaningful in a situation where each level of government is not constitutionally bound to accept dictates or directives from another. He stressed that the autonomy of local government under a federal system means that:

“Each government enjoys a separate existence and independence from the control of the other governments. It is an autonomy, which requires not just the legal and physical existence of an apparatus of government like a legislative assembly, governor or court, but that each government must exist not as an appendage of another government but as an autonomous entity in the sense of being able to exercise its own will in the conduct of local affairs”

By this definition, it means that local government autonomy will be meaningful and effective where each government level is not dependent on the other. Broadly, a situation whereby one tier of government acts independently and follows only the directives laid down by the constitution whereas all principles and guidelines of each tier are therein exclusively stated. It is thus presumed that local government must possess the power to make decisions over its internal affairs, independent of external control within the limits of power laid down by the law.

HISTORICAL DEVELOPMENT OF LOCAL GOVERNMENT AND LOCAL GOVERNMENT AUTONOMY

The quest for local government autonomy didn’t begin today. There have been a lot of demands and historical backgrounds for what we are “awakened” to and clamour for today. The total effectiveness of this concept likewise a fair and appropriate leadership will always remain sacrosanct to political participation. Therefore, it is worthy of mention to add that effective development and efforts have been made towards making local government autonomy a reality. In discussing the historical improvement, the struggle and process will be divided into three parts; pre-colonial stage, colonial stage and post-colonial/post-independence stage

Pre-colonial stage:

In most African enclaves, local government did exist before the colonial era. It was founded upon traditional institutions. It is an integral part of tribes that make up the geographical area of Nigeria. These societies had one form of local administration or the other. In the Northern part of the country, the Hausa/Fulani practiced a highly centralized form of government with the Emir at the head as both the political and religious leader.

The emir delegated his power to District heads known as the Sarkis to oversee the districts that made up the emirates. In the Western region, the Oba firmly held power over towns, and delegated power to the Baale who administered a town or village and paid royalties to the Oba at particular periods in a year.

In the Eastern region, the Igbos were republican and egalitarian, nevertheless, they also had the ‘Ohaneze’ or an assembly of men who sat in the village square to take decisions on behalf of the people. These were informal ways of practicing the levels of government and the application of direct and indirect rule to the political system and it was viably enforceable during the time until the time of colonization.

During the colonial stage:

The colonialists brought their brand of administrative system with the introduction of indirect rule in 1861. Among other reasons, it was designed to avoid physical engagement with the locals who had a well-entrenched system of government, particularly in the Northern part of Nigeria. This system envisaged that the local government administration be carried out through traditional rulers and institutions. As a result, native authorities were established to maintain law and order.

The ordinance recognized traditional rulers as native authorities. The system went smoothly in Northern Nigeria under the Sultan or traditional leaders of their various societies. However, it was not well taken in the south as authorities were hard to identify. As a result, reforms were initiated in the 1930s and the 1940s culminating in the establishment of chiefs-in-council and chiefs and council in place of sole native authorities. The Chief-in-Council is made up of the chiefs and members of the council.

The chief presides at all meetings and acts by the majority opinion of the council. But if he disagreed with the council, he would take whatever action he thought best and inform the Regional Governor. Contrarily, in the Chief and Council, the Chief had no power to act against the decision or advice of the Council. Under this arrangement, people, particularly representatives of missionaries and British trading interests were appointed to the native authorities. The process of appointing members by the colonial government meant that nationalists were not appointed to serve on the councils. This led to further agitation for reforms in the native authorities (Otive Igbuzor, 2007).

During the process of decolonization, the first famous elected local government council based on the British Whitehall model emerged in Lagos and the former Eastern and Western regions (1950-55). The councils were given a wider range of functions that included primary education, health, police, judiciary, autonomy in financial, personnel and general administrative matters. This was in line with the implementation of the colonial government’s ten-year welfare and development plan from 1946-1956 (Nwabueze, 1982:20-21).

Post-colonial/post-independence stage:

Once independence was attained, it was observed that there was a decline in the prestige and responsibilities of local authorities (1960-1966). In the former Western region, the Local Government Amendment Law 1960 abolished the powers of councils to levy education and general rates based on need. In Lagos, there was a high rate of default in the payment of property rates including government institutions, which reduced the revenue of the local councils. In Eastern Nigeria, similar footsteps from the Western Region and Lagos were pursued. The situation in the North seemed better, hence it enjoyed a remarkable historical success of indirect rule. There were gradual changes in the structure of the councils with an increase in the number of elected or appointed non-traditional office holders becoming members of local authorities. As a result, the local authorities had a stable administration that enabled them to assume responsibility with some degree of success. In the post-independence era, people were exposed to bigger possibilities, and people saw the need to have concrete LGs that could cater for their needs.

The years 1969-71 saw a number of state governments introduce changes in the structure of their councils. The first significant attempt at local authority reforms occurred in 1976, under the local government reform provision (Nwabueze, 1982). The provision defined local government as (supra): “Government at local level exercised through representative council established by law to exercise specific powers within defined areas”.

These powers should give the council substantial control over local affairs as well as the staff, institutional and financial powers to initiate and direct the provision of services and to determine and implement projects to complement the activities of the State and Federal governments in their areas. And to ensure through the devolution of these functions to the councils and through the active participation of the people and their traditional institutions, that local initiative and response to local needs and conditions are maximized (Guidelines for Local Government Reforms, 1976). Among other key points, the above definition strengthened the need for autonomy of the local government; ability to be elected at the local level and operate independent of the State and Federal Governments.

The local government is no longer an appendage or field office of the State government. The characteristics of local government autonomy include among other things; the ability to make its laws, rules and regulations; formulate, execute and evaluate its plans and the right to recruit, promote, develop and discipline its staff. To maintain effective local government, the Federal Government in collaboration with the state government embarked on extensive reforms of local government in 1976. The objectives are to:

• Make appropriate services and development activities responsive to local wishes and initiatives by devolving or delegating them to local representative bodies.
• Facilitate the exercise of democratic self-government close to the grassroots of our society and encourage initiative and leadership potential.
• Mobilization of human material resources through the involvement of members of the public in their local development, and
• Provide a two-way channel of communication between local communities and government.

The 1976 reforms celebrated a landmark uniform system in the history of local government in Nigeria. The reforms recognized local government as the third tier of government operating within a common institutional framework with defined functions and responsibilities. It also introduced a multi-purpose single-tier local government system for the whole federation (Ajayi, 2000:70). The reform further put a limitation criterion on a population of between 150,000 to 800,000 considered feasible for the creation of local government to avoid the creation of non-viable local council and for easy accessibility. Furthermore, there was provision for elective positions comprised of the chairmen as executive head of local government with councillors representing the cabinet that are responsible for implementing policies (Guidelines for Local Government Reforms, 1976).

The provision stated that 75 percent of members of the council are to be elected through the secret ballot on a no-party basis under the direct and indirect systems of election. The remaining 25 percent were to be nominated by the State government. The 1976 reform provisions also provided local government with statutory grants from Federal and state governments, The Federal Government under the military regimes of former General Olusegun Obasanjo began to allocate federal revenue to local government in 1977 with 5 percent. The 1979 constitution took a step forward stating that all local council members are to be democratically elected and annulled the nomination of 25 percentage of the members as specified in the 1976 reforms.

During the second republic (1979-1983), the civilian administration ignored the constitutional provisions and no elections were held, instead sole administrators were appointed to administer the LGs. Another major reform occurred in 1991 during the military regime of General Ibrahim Babangida (1984-1992) where the constitutional provision on local government was restored. The reforms were improved with the abolition of the Ministry of Local Government and replaced with the establishment of executive and legislative arms in local councils. A direct allocation to local government without passing through State government was decreed by the military junta. In 1992, Babangida increased the LG allocations from 15 percent to 20 percent. Babangida administration further increased the number of local governments from 301 in 1976 to 453 in 1989, and 589 in 1991, while the Abacha regime further increased the number to 774 local councils. The increase in the local government council in Nigeria was a result of new states that were created. Currently, Nigeria has 36 states and the federal capital Territory with 774 local government authorities (Ajayi, 2000:71).

Sub-section 3 of the allocation of revenue under the federal accounts stated that: “Subject to the provisions of this Act, the amount standing to the credit of local government councils in the Federation Account shall be distributed among the States of the Federation for the benefit of their local government councils using the same factors specified in this Act”. Section 3 empowered the allocations to be monitored, supervised, and dedicated to local authorities by their respective state government, hence the allocations were not paid directly to the local government but through the joint account of the state government (Otive Igbuzor, 2007). Apart from the allocation allotted to the local government from the federal government, which is 10% of its internal revenue. It is established and enshrined in the CFRN, by Section 162(5)that state governments also have an obligation to pay 10% of their revenue to the local government in each quarter of the financial year. The provision states that:

“The amount standing to the credit of the Local Government councils in the Federation Account shall also be allocated to the States for the benefit of their local government council and in such terms and such manner as may be prescribed by the National Assembly.”

The inadequacy and imbalance in the allocation entails that although the state governments are instructed to disperse the allocation to the local government, there is no adequate guideline in place to execute this task. Several state governments use the allocation to serve their political interests or pay it in a manner which will not be of any benefit to the local government.

POSSIBLE SETBACKS AND CONSTRAINTS TO LOCAL GOVERNMENT AUTONOMY

1. CORRUPTION: ” God created Nigeria as a theatre of the absurd, a comic scene for amusement. From the crown of the head to the sole of the feet, Nigeria is in distress and there does not appear to be any way out of the logjam.”[1] Corruption has become a recurrent and undeniable obstacle to the development of the political system in Nigeria. Every tier and sector of government inculcates different kinds of corruption. Right from the highest level which is the federal level down to the state level, all attempts to fight against corruption in Nigeria have become empty and fancy words which don’t bring about positive results. There have been notable examples of heavy corruption cases at the Federal and State levels in Nigeria. At the Federal level, during President Goodluck Ebele Jonathan’s era, the then Minister for Petroleum Diezani Allison Madueke was suspected of having embezzled a gruesome amount of money which is believed to be $2.5bn and was prosecuted by the United Kingdom court in collaboration with Nigeria. Although forfeiture of some properties was made, it seems efforts to recover all are futile. Other former ministers have been probed and found guilty of embezzlement even up till the regime of our incumbent president. A former humanitarian minister Sadiya Umar Faruq has allegedly been charged with corruption, she is presumed to have embezzled #37.1bn.

The effect of corruption is even more frivolous at the state level, one hardly would we see a state governor who concluded his tenure without being guilty of corruption in one way or the other. The most recent case of the former Governor of Kogi State, Yahya Bello comes to mind. He was accused of laundering N84bn and has been evading the Economic and Financial Crimes Commission.

Local government chairman can be negatively influenced by this phenomenon in their respective administrative governance. The ways include:

1. Governor’s intervention in the administrative decision-making of the Local Government Chairmen
2. Abuse of power by the Local Government Chairmen, which may lead to embezzlement of the Local Government funds.
3. Conversion of Local Government properties to personal assets.

• POOR ELECTORAL PROCESS: The Nigeria electoral process has been far condemned and challenged by many scholars, some have called for it to be reviewed and modified which brought the need for frequent amendment of the Electoral Act, many have also challenged the credibility and competence of the commission in charge of the process (The Independent National Electoral Commission). Considering the subject at hand, there are ways by which a poor electoral process can affect Local Government Autonomy, they are:
• Political cabals influencing the election 
• Governors’ dictatorial commands on the choice of candidate
• Poor facilities to hold elections
• Instigating the local thugs to intimidate the voters

• LACK OF RESPECT FOR THE JUDICIARY: The words of Lord Denning come to mind where he said “Be you so high, the law is above you” comes to mind when discussing lack of respect for the judiciary. The concept of the rule of law means an absolute supremacy or predominance of regular law, in which all rights are equal and all persons are to be treated in accordance with the law. This also includes the absence of arbitrariness of prerogative or even wide discretionary powers on the part of the government.  

In Shugaba v. Minister of Internal Affairs (1981) 1 NCLR, p. 12., the Court held that the rule of law ensures the equality of all persons without any distinction. It also guarantees transparency and incorruptibleness and must be preferred. The concept of rule of law also means the existence of prompt effectiveness of all rights. No person or entity should have the opportunity to infringe on another person’s right. It is a doctrine that has been far recognized and adopted by many scholars. The concept of the rule of law was derived from John Locke’s theory of social contract, which means all persons should submit to one authority which is recognized as the only legitimate power. Wade in his textbook Administrative Law claims that in modern times the rule of law connotes the following:

1. Supremacy of law
2. All acts of government to be conducted with a framework of defined rules and regulations
3. An independent judiciary to pronounce on the legality of government actions
4. Equality before the law with recognized exceptions
5. No punishment outside the authority of the law

The five points stated above are the concerned application to the subject matter. The rule of law should be enforced in its totality vis a vis Local Government Autonomy. These aforementioned points should be enforceable conjunctively.

The term “autonomy” has been well-pronounced by the apex court. It states that all conditions stated in the pronouncement should be applied with no exception and well followed. Allocations should thus be paid directly to the Local Governments and the rule of law should be the watchword and symbol of officials. There should be no form of arbitrariness in governance. Likewise, nepotism should be kept far away from the determination of governmental benefits.

There is a high tendency for the absence of these, in which there may be partial or no respect for the rule of law, and control of allocations and governance would be by nepotism, bias and arbitrariness. In light of this, it draws back the intended motives and aspirations behind the pronouncement of Local Government Autonomy.  Other constraints may hinder total autonomy in the local government system apart from the ones listed and enumerated above amongst which are:

• inconsequential activities or responses from the other parts of the government which would put in check the executive body to maintain balance from all arms of government at the local government level
• contravention to the code of conduct by the government, etc.

MEASURES TO PUT IN PLACE TO ENSURE A VIABLE OPERATION OF LOCAL GOVERNMENT AUTONOMY.

1. A democratically elected chairman, independent and free from the state governors’ intervention: Local Government autonomy is not a recently pronounced concept. It has been long decided by the Supreme Court in a plethora of cases in Nigeria, AJUWON V GOV OF OYO STATE (2021) LPELR 55339(SC). GOV OF EKITI STATE V OLUBUNMO (2017) 13 NWLR (pt1551) to name but a few.Despite the constant and continuous pronouncement by the court, the governors have continued to give less or no respect to the decisions of the court under the disguise of Section 162(6) CFRN which provides for the state government to have a joint account with the local government, by not allowing them access to their funds. This abuses the sacred provisions of the Constitution. The governors appoint an undemocratic, unconstitutional interim leadership for councils whom they dictate to and turn to puppets. By that, the essence of Section 7 CFRN would not be respected and applied by the councils and the state governors act inconsistent with the provisions of the constitution.

Therefore, the only way by which total autonomy may be achieved is for the state government to have respect for the rule of law and allow the local government administration to run by themselves, and give sovereignty to the people by allowing them to legitimately vote for the candidate of their choice. In the celebrated case of AG FED VS AG ABIA & ORS (2024). MOORE ASEIMO ABRAHAM ADUMEIN, JSC said: “How will the state governors feel if the Federal Government of Nigeria fails, neglects or refuses to allow the INEC to conduct Governorship and State Assembly election and goes about appointing caretaker or administrator committee for the state” The implication is for the state government to take cognizance of it and cease the usurp of authorities vested in the councils so that they can achieve total independent governance has enshrined in the constitution and succinctly pronounced by the apex court.

To achieve this, it is also imperative to include that, a total application of the provisions of Electoral Act 2022 throughout the process of the election should be guaranteed. Starting from Section 98 Electoral Act 2022 which provides for the Powers of the Commission to Section 113 Electoral Act 2022 which provides for the recall of any member of the Area Council. A standard, independent and unbiased election tribunal should be in place where candidates who are dissatisfied with the outcome of an election can challenge the election without any prejudice to their constitutional right whatsoever, in consonance with the doctrine of fair hearing.

• Need for anti-corruption agencies to monitor the financial obligations of the local government chairmen: Anti-corruption agencies from around the world have policies put in place to check the menace of corruption. Although corruption affects most countries in the world, it is endemic in Asia, Latin America, and Sub-Saharan Africa. These countries are bedevilled by corruption, it is in view of this that corruption is seen as a monster responsible for “debt overhand”, constraints to elections and obstacles to the flow of Foreign Direct Investment (Ribadu, 2003, Obuah 2010).

It does not need to be restated that corruption has reached such a stage that it affects growth in every sector in Nigeria. The historical antecedent of Nigeria from 1960 till the present depicts accounts of misappropriation of funds, embezzlements, and prebendalism through graft and contract (Amoshakin, 2001, Sheriff, 2001).

As a result, Nigeria like other countries of the world took steps (two decades ago) to curb corruption in the country. The former president Olusegun Obasanjo, declared the pursuit of transparency and accountability as the twin pillar of his administration in 1999. His declaration intended to wage war against corruption in Nigeria. According to him “our goal is to fight corruption to a standstill. To achieve this purpose, serious anti-corruption policies have to be put in place to infuse strong moral and ethical values into the people.” (FRN NEEDS Document, 2004: 59)

Concerning fighting corruption and promoting transparency and accountability. Agencies created to mitigate corruption include the Independent Corrupt Practices and Other Related Offenses Commission (ICPC) (2000), the Economic and Financial Crimes Commission (EFCC) (2002), the Budget Monitoring and Price Intelligence Unit (BMPIU) and the Extractive Industries Transparency Initiatives (EITI) (2003).

There have been a lot of commendable and praiseworthy efforts which demonstrate the impact and essence of these agencies in eradicating corruption within the administrative sectors. Amongst the numerous achievements that have been accomplished by the agencies are: the recovery of public funds and the exposing of corrupt officials. Therefore, if these measures are not put in place, the intentions and expectations of the judiciary will be defeated through these corrupt practices. The local government should be adeptly and accurately monitored on every budget execution likewise the disbursement of allocation should be actively followed.

• Declaration of assets by each local government chairman to the code of conduct bureau before and after their tenure: Asset declaration serves in many countries as a tool for detecting and preventing illicit enrichment and conflict of interests among public officials. However, among the obstacles to the autonomy and among the escape route by which the local government chairmen steal the peoples’ funds is by converting the government properties to theirs. Declaration of assets would serve as a deterrent to them, as this is in consonance with the provisions of the constitution.
• A coherent and independent legislative body: The legislative arm of government has several functions in making sure the doctrine of separation of powers is actively implemented, among these functions are making of law, passing of appropriation bills, and oversight functions. The oversight function is the power of the legislature to investigate, interrogate and challenge the executive arm on any irregularity committed or any contravention of the provisions of the constitution. These actions qualify a legislative body to be stringent in their constitutional duties. Subsequently, it is pertinent for the Area Council legislative body to exhibit such qualifications in the course of duties as recognized by the constitution. This will enable the executive to be put in check and more conscious of their actions particularly while on duty and in the management of funds. 

CONCLUSION

It is clear that the constitution explicitly supports local government autonomy, however there are potential obstacles that could hinder its implementation. To overcome these challenges, mechanisms must be established to achieve the intended autonomy and integrate it into the Nigerian system. It is therefore crucial to identify and address the factors that could undermine local government autonomy, in order to create a conducive environment for grassroots governance.

As Robert W. Flack aptly put it, “Local government is the foundation of democracy, if it fails, democracy will fail”. Therefore, establishing effective Local Government Council governance is essential for the development of Nigeria’s political system as a whole. By ensuring the success of local governance, Nigeria can have a stronger democracy and ultimately, a more robust political system   

DEDICATION – This work is dedicated to the memory of late Alh. Tirirmisiyu Balogun Ayofe (N.C.E, B.SC, M.SC, LLB), a remarkable individual who exemplified academic excellence by earning degrees in both Public Administration and Law. As a tribute to his accomplishments, I have chosen a topic that intersects both Law and Public Administration, reflecting his dual areas of expertise. May God Almighty bless and forgive his soul. Ameen.

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* A 300 Level student of Common and Islamic Law in the prestigious Faculty of Law, University of Ilorin, Ilorin, Nigeria. He could be reached via 08101762793 or balogunbaaki95@gmail.com

[1] See the article written by Akinwunmi Owolabi titled “Shekarau’s Timely Clearance” available in the Nation’s Newspaper of the year 2007, Vol.1, No. 0255, p. 17.