Local government autonomy is a mythical reality, says Rt HOn Onofiok Luke, the former member of the House of Representatives. He spoke on Nov 16, 2024 at a converge organised by the Federated Chapel of the NUJ, Akwa Ibom State Council.
By Onofiok Luke
The mythical reality of local government autonomy
I must state clearly that my firm position is that the principle of autonomy is an essential ideal for Local Governments. Because, the Local Government system cannot function efficiently without appreciable elements of freedom. Global governance practice accords Local Governments significant autonomy as last mile governance delivery agents.
However, the saddening reality is that the concept of Local Government autonomy remains a myth, even to this very minute.
Copious examples exist that point to the fact that Local Government Autonomy is still a myth. For instance, it is my considered opinion that Governors in Nigeria do not have the stomach to grant full autonomy to Local Government Councils. By Law and its very nature, the three branches or arms of Government – the Legislature, the Executive and the Judiciary, must function independently with constitutionally assigned powers and extant responsibilities.
But do present day realities depict that the other two branches of government have autonomy? Now the poser is: Do the realities and scenarios that continue to unfold around us in different states and even at the level of the Federal Government point to the existence of the independence of these distinct branches. Have we not seen cases where the Executive ties the Legislative and Judicial arms of government in the state or at the national level to its apron strings?
The big question
Now the big question is: If the State Governors have clearly and convincingly demonstrated to the people that they do not have the stomach to allow the two other arms or branches of government – the Legislative and the Judicial arms, who by the powers of the constitution exist at the same horizontal level with them, to operate with unhindered independence and free from undue interferences, will these same State Governors now want to grant full autonomy to the Local Government areas who in the minds of the Governor, exist below them in vertical pattern?
In relation to the conversation on Local Government Autonomy vis-à-vis present day realities, Aso(2024) has observed the major challenge impeding the full actualization of the principle of Local Government Autonomy stems mainly from constitutional ambiguities that leave the status and powers of local governments unclear and open to the control and manipulation of state governments. The legal framework compounds the problem. It which subjects funds from federal allocations intended for local government to state government oversight. That reduces local government’s ability to operate independently
The legal framework governing local governments is contains significant ambiguities that contribute to the weakening of local governance. The 1999 Constitution recognizes the establishment of locally elected councils, yet this recognition is largely symbolic, as local governments remain under the direct authority of state governments. Unlike the clearly delineated powers of the federal and state governments, local governments operate within a framework that leaves their functions and powers subordinate to state control. Specifically, the Constitution requires state governments to enact laws ensuring the existence of local government councils, which outline their structure, composition, finances, and functions. This effectively grants the state government broad and unchecked authority to regulate local governments through such laws.
The constitutional provision
This constitutional provision acknowledges the state’s prerogative to determine the establishment, structure, and functions of local government councils. However, the vagueness of this provision fosters a subordinate relationship between local governments and state authorities. Nwabueze (2022) contends that there are no constitutional limitations on the power of state governments to prescribe the structure and functions of local governments. For example, the Constitution does not define the executive positions (such as the Chairman, Vice Chairman, and Supervisors), the legislative framework (including the composition of local legislatures), or the procedures governing elections, tenure, or the removal of officeholders at the local government level, as it does for the federal and state governments.
The state legislation, rather than the Constitution, determine these offices. It also determines the qualifications for candidacy and the tenure of officeholders. Moreover, the state government also appoints key officials within the local government, such as Secretaries, Heads of Departments, Treasurers, and Auditors, through the Local Government Service Commission.
There is also the contentious issue of the vehicle of the electoral umpires – State Independent Electoral Commissions (SIECs) that bring these elected officials in Local Government into power.
Political pundits and scholars alike argue that the SIEC, which are appointed and funded by state governments, often act in favour of the ruling party in the state, leading to skewed election outcomes that fall short of meeting the essential ingredients of a democratic electoral process.
Supreme Court view and my thoughts about local government autonomy
In dealing with this politically sensitive issue, the Supreme Court per Abiru (JSC), observed:
I hope that this judgment will put an end to the commandeering of funds meant for the Local Governments by state governors. This is particularly so, considering the way and manner local government elections are conducted by the various States “Independent” Electoral Commissions (SIECs). In most cases, those elections are mere sham process where the “more you look, the less you see” as it is colloquially said in this country. In those elections, candidates are handpicked by the Governor among his most trusted acolytes and unabashedly returned by the SIEC which is also composed of the Governor’s handpicked proteges and minions. Those acolytes are then installed as “democratically elected” chairman and councillors, ready and willing to do the Governor’s bidding. To them, the people do not matter so long as their master, the Governor, is happy or satisfied.”
As I end this, I leave you with the following thoughts: Will total Local Government Autonomy anchored on Probity, Transparency and Accountability jumpstart accelerated growth and development at the grassroots level? I strongly think so. Take Notice that I qualified the Local Government Autonomy with the adjectives Total and also included a caveat of Probity. Plus, Transparency and Accountability. Because I know that many of you were around in this country when Local Government Areas could not fulfill their salary and wage obligation when we tested autonomy. It is therefore my recommendation that if and when Nigeria finally gets serious with entrenching the principle of total autonomy in the administration of Local Governments, such total autonomy must come with a demand on the Council administrators to lead administrations anchored on the principles of probity, transparency and accountability to the people.
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