A fierce legal firework has broken out between the federal and state governments over the autonomy of local councils across the nation.
On May 26, 2024, the federal government dragged the 36 state governors to the Supreme Court over their alleged mishandling of local government administrations. In the lawsuits filed by the Attorney General of the Federation and Minister of Justice, Prince Lateef Fagbemi (SAN), the FG seeks the full autonomy of the 774 LGAs.
If the apex court affirms the third tier of government’s full autonomy as sought by the FG, that means governors will no longer have the power to dissolve elected council chairmen, and funds intended for the LGAs will no longer pass through their tables. In addition, it also means no LGAs will be run by caretaker committees that state governors pick to further their tyranny.
Since the return of democracy in 1999, the federal government and state governors have been going back and forth over the autonomy of LGAs, considered closest to the people at the grassroots. Over the years, the FG and observers have alleged governors over high handling, excessive use of power, and rampant corruption in the system.
For instance, the FG is alleging the governors of cornering funds meant for LGAs for self-aggrandizement. “If the money from the Federation Account to the state is about N100 million, N50 million will be sent to the chairman (of local government), but he (chairman) will sign that he received N100 million,” former president Muhammadu Buhari had lamented in an interview on the subject matter.
The governors are also accused of arbitrarily removing democratically elected council chairmen and replacing them with caretaker committees so that they can continue to loot the money meant to upgrade the local governments unchecked. Early this month, Vanguard reported that out of the 774 local governments in the country, 433 are run by caretaker committees.
However, this recent development has sparked debate among critical stakeholders, with many expressing skepticism over the inability of the previous governments to secure LGA’s autonomy. For instance, on May 7, 2021, the Supreme Court, in two separate judgments, declared illegal and unconstitutional the dissolution of elected local government administrations in Katsina and Oyo states by their respective governments. However, rather than for the state governments to retrace their steps and reinstate the LG administrations, they appointed caretaker committees.
The 1999 Constitution spells out the duties of the three tiers of government. It gives the LGAs power to establish and maintain cemeteries, burial grounds, and homes for the destitute or infirm; license bicycles, vehicles, canoes, wheelbarrows, and carts; regulate markets, motor parks, public conveniences, and others. Observers say the undue power governors exercise over LGAs has made it impossible for the third tier of government to deliver on its roles.
Counterarguments to LG Autonomy
While the FG and analysts promote LG autonomy as a solution to national problems, some stakeholders raise concerns. Opponents argue that granting too much autonomy to LGAs could lead to a loss of control by state governments.
They fear that LGAs might prioritize local interests over statewide development plans, creating inconsistencies and inefficiencies. Additionally, some worry that weak LGAs might be susceptible to corruption or manipulation by external forces.
Some governors argue they are best placed to understand the specific needs of each LGA within their state and that a centralized approach is necessary for effective resource allocation and service delivery.
They additionally expressed concern about the financial implications of LG autonomy, particularly if LGAs are not equipped to manage their own budgets effectively.
Way to go
Analysts say part of the solution to the insecurity, poverty, and underdevelopment in the country is local government autonomy. They, therefore, urge the state governors to allow the LGAs under them to operate independently, as the federal government has permitted the self-rule of each state in the country.
Whether granting LGAs more autonomy will ultimately improve security, reduce poverty, and foster development remains to be seen. However, a healthy discussion that considers all perspectives is crucial for making an informed decision about the future of local governance in Nigeria
Proponents of LG autonomy point to examples like India, where local governments play a significant role in delivering public services and promoting economic development.
Studies have shown that LG autonomy can lead to increased investment in infrastructure, improved social services, and greater citizen participation in local decision-making.
A World Bank study found that local governments in developing countries that have more autonomy tend to be more efficient and accountable in their spending.
