There are 36 States and a Federal Capital Territory in Nigeria. This means we have 36 governors who are replaced every four or eight years depending on the composition of the State, political structure and political prowess of an incumbent. Whereas their circumstances may change, what remains constant is that every governor in the four or eight years he will be in power will seek to transform himself into an infallible all knowing demi-god. Majority of them across the whole country therefore have lived true to the principles of a clique which care less for the broad development of their communities and people.
Let me submit at this point that governors are responsible for the underdevelopment we see in Nigeria. The very first reason for this position is that with the 768 LGAs across the 36 states and 6 in the FCT, we should have had a total of 774 growth and development centres compared to the 36 developments centres that State capitals represent. The second and I dare say, the most important reason for this submission is the 4th Schedule of the 1999 Constitution.
A cursory look at this schedule shows that if this tier of government was allowed to function properly and consciously designed to be managed by competent, qualified and trusted hands in accordance with those provisions, Nigeria would have been far developed in terms of infrastructure and human development. I repeat again that the group which have not allowed the local government to thrive in Nigeria are the State governors.
For avoidance of doubt the fourth schedule is reproduced in full below:
The main functions of a local government council are as follows:
(a) the consideration and the making of recommendations to State commission on economic planning or any similar body on –
(i) the economic development of the State, particularly in so far as the areas of authority of the council and of the State are affected, and
(ii) proposals made by the said commission or body;
(b) collection of rates, radio and television licences;
(c) establishment and maintenance of cemeteries, burial grounds and homes for the destitute or infirm;
(d) licensing of bicycles, trucks (other than mechanically propelled trucks), canoes, wheel barrows and carts;
(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, drains and other public highways, parks, gardens, open spaces, or such public facilities as may be prescribed from time to time by the House of Assembly of a State;
(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;
(j) assessment of privately owned houses or tenements for the purpose of levying such rates as may be prescribed by the House of Assembly of a State; and
(k) control and regulation of -
(i) out-door advertising and hoarding,
(ii) movement and keeping of pets of all description,
(iii) shops and kiosks,
(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 materials
(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.
Having looked at the constitutional responsibilities of LGAs, I have thought about how the whole nation would have looked like if the local government councils were allowed to perform even 50% of its constitutional duties. Rather what we see are governors who have converted the third tier of governance, which in my estimation is more catalytic to a State’s development than the State’s capital, into their private estate or vault, where they have the power to determine who runs it, their tenure and funding.
Of course, by now we must have realized that this has been an illegality taken too far. How the people allowed the governors to use their funds to turn themselves into monsters and demi-gods is beyond me. Perhaps the military interregnum, which affected democracy in the local government councils most, should be held responsible for this day light robbery and deliberate stifling of development at the grassroots.
What is sad however is that none of the governors wants to revert to the provisions of the constitution. Both the predecessor and successor see the council funds as their ATM. One would have thought that the incumbent would have learnt from life after office of the former demi-god. First thing first, the former strong man is now “a former strongman”. So what was the fuss all about? No matter the beauty of your strategy, you get to leave office eventually.
No matter how long you try to wield power, one day everybody becomes powerless one way or the other. So why shouldn’t we attempt to build humanity while we have the opportunity instead of wasting a generation’s collective wealth on building our ego? Why shouldn’t the LGAs be autonomous? Why do the governors acting through their State Assemblies repeatedly block previous attempts to give the LGAs autonomy?
Section 313 of the Constitution has already granted the LGAs financial autonomy, why are the councils waiting for another Act on autonomy? How do we interpret 313? It states “Pending any Act of the National Assembly for the provision of a system of revenue allocation between the Federation and the States, among the States, between the States and local government councils and among the local government councils in the States, the system of revenue allocation in existence for the financial year beginning from 1st January 1998 and ending on 31st December 1998 shall, subject to the provisions of this Constitution and as from the date when this section comes into force, continue to apply:…”
It is pertinent to note that the intention of the constitution with respect to the finances of the local government and in setting up the State Joint Account can be gleaned from section 162 below:
(5) The amount standing to the credit of Local Government Councils in the Federation Account shall also be allocated to the State for the benefit of their Local Government Councils on such terms and in such manner as may be prescribed by the National Assembly.
(6) Each State shall maintain a special account to be called "State Joint Local Government Account" into which shall be paid all allocations to the Local Government Councils of the State from the Federation Account and from the Government of the State.
(7) Each State shall pay to Local Government Councils in its area of jurisdiction such proportion of its total revenue on such terms and in such manner as may be prescribed by the National Assembly.
(8) The amount standing to the credit of Local Government Councils of a State shall be distributed among the Local Government Councils of that State on such terms and in such manner as may be prescribed by the House of Assembly of the State.
According to subsection 6, the State Joint Account was supposed to be a Clearing House of some sort for the LGAs. It also shows that funds leaving it to the local governments ought to be larger than when it came from the federation account. The reason is that the State is supposed to add to it from IGR generated in that State. For example if #100 came to each LGA from the Federal, the State will add #20, leaving the LGAs with #120 each. What we have currently is sad: #100 comes in for the LGAs, #2 eventually goes out to them. Shameful and lugubrious. Yet the State capitals have negligible development while the LGAs are abandoned to continue as ghost communities. What is our money used for? Where is our money? I suggest the 768 LGAs should consider a class action against all former and present governors with a view to recovering these funds.
Let me emphasize that making laws for local governments is in the concurrent list. The implication is that if the State Assemblies are hamstringed by their governors, the National Assembly should intervene and reset our country on the path of development by making laws consistent with the spirit and letter of the 1999 Constitution. Such law will be superior to the current antidevelopment and undemocratic local government administration laws made by the State Assemblies. With respect to Local government areas, Section 7 subsection 6 confers power on the National Assembly:
“Subject to the provisions of this Constitution - (a) the National Assembly shall make provisions for statutory allocation of public revenue to local government councils 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.”
In any case, at least from 1999 till date, local government administration laws made in most of the States are unconstitutional and void to the extent of their inconsistencies. I can substantiate this with three provisions observable from the constitution:
Section 7 subsection 5 holds “ The functions to be conferred by Law upon local government council shall include those set out in the Fourth Schedule to this Constitution.” This provision proves that the minimum budgetary allocation provided by the State assemblies to the local governments should be such that it can fund the functions set forth in the 4th schedule. The question is, which State Assembly has ever lived up to this minimum expectation? None! Therefore all their laws on LGAs are unconstitutional and unlawful to that extent.
Section 7 subsection 3 provides “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.” Two issues crop up here: one, the constitution expects the indigenes and citizens of a particular local government to take responsibility for planning for its development. The State Assemblies are supposed to make laws to guarantee this. They are supposed to enact a law to create an Economic Planning Board.
But laws made by them on this subject, especially the whimsical but amputated Caretaker Committee Laws are negating the provisions of this constitution. The Constitution expects a Local Government Economic Planning and Development Board to be set up by the State Assembly. Nobody has given this a second thought while some will attempt to equate an Economic Planning Board with the Ministry of Local Governments and Chieftaincy affairs. The difference is as far as the East is from the West. And so far are the laws made on local governments from constitutionality.
The most piercing indictment on the State Assemblies is found in section 7 subsection 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, subject to section 8 of this Constitution, ensure their existence under a Law which provides for the establishment, structure, composition, finance and functions of such councils.”
This provision means that for every hour a Caretaker Committee is in place an illegality and constitutional breach is subsisting. I mean democratically elected governors and State Assemblies acting on their whims and caprices decided to set aside the constitution and we were waiting for another military take over! It doesn’t get any worse. What is really wrong with Nigeria and Nigerians? Why do we hate the things that make for our progress? At what point did we agree as a people to treat with levity, the third tier of government?
In my opinion, local governments should drive States’ development. The aggregates of infrastructure and human development should be used to measure a State’s development instead of how the capital city appears. That is whitewashing a sepulcher! Development should start from the LGAs and that is constitutional. Imagine the multiplier effect of 774 working LGAs. Imagine the economic contribution of 774 chairmen, their councilors, supervisors and appointees. Imagine how much their economic footprint will aid growth and contribute to the IGR of the State concerned!
The National Assembly has duty to give the LGAs full political and financial autonomy from the State governors. What this mean is that an LGA cannot be managed by all comers. It should be the exclusive preserve of tested hands and enlightened minds. In this the National Assembly has to amend the constitution to reflect the weight it attaches to the management of funds, human resources and vision development inherent in a truly autonomous local government administration.
All over world the devolution of power is in vogue. The centre has already transferred power to the LGAs. The Governors have been blocking its implementation. Yet Local Governments hold the key to Nigeria’s broad and rapid growth and development. Shall we continue to hurt ourselves like this? National Assembly, what shall it be? Governors, what shall it be?
Michael Uyeh
Member, Oro Nation Leadership and Business Roundtable
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