By Ibrahim Habu Suleiman
The question of local government council autonomy has been a burning issue since 1976 when the Murtala/Obasanjo administration resolved to hand over power to a democratic civil rule through a transition process.
Subsequently, the regime approved the establishment, finance, structure and composition of Local Government Councils as a separate entity, which led to its reflection in section 7(1) of the 1979 Constitution, the same provision is embodied in section 7(1) of the 1999 Constitution. The Constitution verily recognized the independence of the LGAs, but was not specific on the method of funding.
Architects of the creation of local governments apparently had in mind the task of taking development down to the grassroots. Of course, before the LGAs there existed Native Authorities, with their colonial influences, which were scrapped as far back as in 1967. As the closest tier of government to the grassroots the LGAs had the ominous task of being the fulcrum of the progressive growth and development of the country.
Nevertheless, the independence of this tier of government had been facing challenges as a result of the manipulations of state governments. This situation was confounded because the Federal Government had continued channelling the monthly allocations of the LGAs through the state governments. Furthermore, as observed by experts, the 162 provision of the 1999 Constitution was in error, namely the so-called “State Joint Local Government Account.” Apparently the Constitition wasn’t categorical on whether the FG should allocate LG funds directly or through the state governments. Now, the battle for financial autonomy has finally been won with the verdict of the supreme court on Thursday, July 12.
The seven-member panel of the Supreme Court delivered a landmark judgement directing the Federal Government to henceforth allocate funds directly to the local government areas (LGAs) across the country bypassing state governments or the so-called state local government joint accounts. The apex court equally declared that the state governments have been unconstitutionally withholding and misusing funds meant for the LGAs for so long unabated.
This verdict was sequel to the suit filed by the attorney general of the Federation, Lateef Fagbemi on behalf of the Federal Government in the LGAs’ autonomy, which of course has been a burning issue in the affairs of government in the country. Apparently geared towards putting a full stop to the age-old custom whereby state governments have been manipulating local government funds, the verdict is therefore meant to take immediate effect.
In the same vein the apex court also mandated the FG to withhold allocations to LGAs that have no elected council chairmen. The 1999 Constitution as the 1979 and 1989 Constitutions were in unison that the system of local government as guaranteed is by democratically elected Local Government Councils. To this end local government areas in twenty states, including Kano, Cross Rivers, Rivers, Anambra, Jigawa, will, from July this year, have allocations withheld until they conduct elections.
This ruling is seen as a monumental step forward towards the emancipation of the third tier of government for optimal speedy growth and development at the grassroots. Indeed, for ages the third tier of government in the country is seen as the main stumbling block on the wheel of progressive development of Nigeria; this is because of the nearness of the LGAs to the majority of the population at the grassroots.
However, opinions are still divided as to whether the good intentions inherent in the decision to free the LGAs from the shackles of state governments’ bondage would see the light of day. Some observers have pointed out that implementing the ruling could prove a herculean task, thereby calling on the Federal Government to earnestly finish up the good job it has started by taking over the election process at the LGAs’. In effect, the State Independent Electoral Commissions (SIEC) should henceforth not be allowed to carry out the elections of LGC Chairmen/Chairpersons and their Councillors; that responsibility should be handed over to INEC to take full control of LG elections.
A former Senator of the Federal Republic representing Kaduna Central, Shehu Sani expressed reservations in the possibility of the LG autonomy taking off as expected. According to the senator, even the LG Chairmen would easily make implementation of the exercise difficult especially in a situation where their eventual elections must have been sponsored by the state governors. It is the said chairman who will run to the governor on getting alert to ask the governor what he wants to do with the secured funds, he maintained.
Others who corroborated the senator’s submission, including the former governor of Ekiti State, Ayodele Fayose, explained that no chairman can emerge without the governor, stressing that without the support of the governor, no one can make it to the seat of the chairman. In conclusion he posited that LG autonomy in Nigeria is still nowhere in sight.
Sadly, over the years, the third tier of government in the country has metamorphosed into hotbeds for corruption. Indeed, the level of corruption in the local governments has overtaken all the other tiers of government. For instance, hundreds or thousands are reportedly enjoying monthly salaries from LGCs after getting registered as staff from the comfort of their houses. This development being no hidden fact has rendered the LGCs almost completely a haven where workers hardly ever go to work and when they do there is hardly any work to do.
At any rate, the Federal government has embarked upon a positively historic development with this verdict of the apex court on financial autonomy, which from all indications is geared towards emancipating the LGCs, thereby giving the third tier of government no more room for complaints. Henceforth, the LGCs must be held responsible and ACCOUNTABLE for all their deeds – good or bad!
On its part, the Association of Local Governments of Nigeria (ALGON) has praised the verdict of the apex court describing it as the “new birth to democracy.” The association hailed the Tinubu administration for making possible this judgement, saying this has accorded the third tier of government its independence without any more intervention from the state governments.
While praising the directive given to the Accountant General of the Federation (AGF) in the judgement to pay the monthly allocations ONLY to the 774 Local Governments with democratically elected Chairmen and Councillors, observers also caution the FG not to relent in ensuring the full implementation of the judgement. Indeed, the problem of implementation has always been the Achilles heel of beautifully designed programmes in our society. But this verdict would be a litmus test on the survival of democracy as a whole in the country.
It must be recalled that the previous administration of ex-President Muhammadu Buhari also made discernible efforts towards securing financial autonomy for the local governments. The immediate past government had directed the Accountant General of the Federstion (AGF) to pay the 774 local governments’ funds directly and not through any joint state and local government accounts using executive order, but the process failed due to opposition from the LG Chairmen. It is therefore incumbent upon authorities concerned, including the Economic and Financial Crimes Commission (EFCC), the Independent Corrupt Practices and other related offences Commission (ICPC) to be vigilant at all times to make sure that erring LG Chairmen are promptly brought to book, to serve as a deterrent to others.
Another dimension to the verdict is that it has further exposed the third tier of government to the world as many people would henceforth be interested in finding out what has changed. Of course, the LGCs will not change overnight to become the most progressive tier of government in the country. The FG must therefore continue to provide all necessary assistance to make sure the new found financial autonomy is properly utilized for the betterment of the electorate.
Furthermore, the present administration also has to prove that President Bola Tinubu’s so-called Renewed Hope Agenda is for real and not just another old political cliche. Already, the nationwide planned protests, generally referred to as “hunger protests” have clearly demonstrated the general anger among the majority of the masses of the population who are disenchanted with the policies of the administration since the removal of fuel subsidy. Hyper-inflation, increasing cost of foodstuff and other consumables, youth unemployment, as well as crime and insecurity, not to mention high rate of out-of-school children, etc, have become the order of the day.
There are all indications that only a possible reversal of the current price of fuel (PMS) per litre can mitigate the worsening economic and political doldrums in the country. A general survey of the August 1 protests confirm that the present administration has an onerous task of turning the turbulent tide in its favour.
On their part, local government council Chairmen have a task before them of ensuring that the financial autonomy is effectively utilized in the interest of the much needed improvement of the living condition of the masses at the grassroots. Certainly, it is no more business as usual because the eyes of the world would henceforth be on them, as the LG funds are set to get to them directly. Moreover, the judgement has penalties attached for all illegalities contrary to the provisions of the law.