By Uche Akunebu
“Pakistan needs to have decentralisation and a good local government system “
-Imran Khan ,former prime minister of Pakistan.
The former minister of Pakistan, Imran Khan is not alone ,just like the Liverpool football club motto(You Cannot walk alone) in thinking and desiring for a good local government system in his country, as most nations of the world have succeeded in putting in place a functional local government system.
When the American Attorney and Conservative Republican that represents the 3rd District of Tennesse ,Chuck Fleischman ,opined ” I’ ve always believed in local government “,it could also be said that he is not the only one that believes in local government, as there are other great minds and lovers of democracy that are excited about local government system.
This writer on 17 ,November 1997, more than a century ago ,in writing an article titled ‘Toward a virile local government administration ” ,that was published in Horn Newspaper, could say without equivocation that he believes in local government system, just like Fleischman, the American Congress man. It was that love that prompted the concern to pen an article that could help chart a progressive path for local governments in Nigeria,
more than 25 years ago.
The writer stumbling on Punch Newspaper publication of May 26 ,2024 ,with the caption ” FG drags governors to supreme Court, seeks LG autonomy ” was elated that no less a person than Lateef Fagbemi (SAN) the Attorney General of the federation and minister of justice, on behalf of the federal government, are as concerned as the writer was more than 25 years ago ,in demanding that the local government administration be allowed to exist and function effectively.
The Attorney-General of the federation and minister of of justice ,Lateef Fagbemi (SAN) from what the paper reported has instituted a suit on behalf of the federal Government, before the supreme Court,
against the 36 states governors in the country while seeking full autonomy for local governments.
From the prayers sought by learned senior advocate, he is asking the highest court in the land to issue an order, prohibiting state governors from unilateral,arbitrary and unlawful dissolution of democratically elected LG leaders.
He went on to pray that the supreme Court should give an order to allow the credits of local governments to be directly paid them from the federation Account in line with the provision of the constitution as against the alleged unlawful joint accounts created by governors.
The chief law officer also ,applied for an order of injuction restraining the
governors ,their agents and privies from receiving, spending or tampering with funds released from the federation Account for the benefit of local governments .
Lateef Fagbemi (SAN) on behalf of the federal government further sought an order stopping governors from constituting caretaker committees to run the affairs of Local governments as against the constitutionally-recognised and guaranteed democratic system.
The prayer points of the Attorney-General of the federation and minister of Justice ,Lateef Fagbemi (SAN) before the supreme Court, are prayers that are overdue ,in view of the fact that state governors are strangulating local
governments ,making them unable to breathe. When this writer raised alarm by way of an article published more than 25 years ago on the administration of local governments in Nigeria, the challenges were not that huge as it was in the twilight of military regime, but afflictions of the local governments under democratically elected governors far outweighs that of the military regime. Infact ,local government administration under General Ibrahim Babagindas military regime was a desirable one ,as accomplished Nigerians then desired to be local government Chairmen, as most of the encumbrances encountered today were not there in the local government system.
The democratically elected governors since 1999 ,have all united in rendering invalid the laudable goals of the 1976
Local government reforms ,the 1984 Dasuki report and the Etsu Nupe report of 2003 /draft white paper, that were all geared towards strengthening the local government administration in Nigeria.
From the prayers sought by the federal government, one can glean how the governors have underdeveloped the local governments in Nigeria (my apologies to Walter Rodney ,on his book “How Europe underdeveloped Africa )It has been a catalogue of woes that have rendered the third tier of government ineffective for a very long time.
Part of the reason that have led the state governors to run roughshod on the local governments is the 1999 constitution. There appears to be inherent contradictions. In that constitution, section
7(1) posited that “The system of local governments by democratically elected local government council is made under this constitution guaranteed, and accordingly ,the governments 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”.
On the other hand,section 7 (6a) avers that “the National Assembly shall make provisions for statutory allocation of public revenue to local government councils in the federation. The provision in the constitution went on to say in section 7(6b) that “the House Assembly of a state shall make provisions for statutory allocation of public revenue to local government councils within the state”.
The obsufucation of the provisions for local government administration also can be gleaned in section 162(6) which provides for the joint local Account for the purpose of payment of “all allocations to the local government councils its total revenue on the terms prescribed by the National Assembly. What appears baffling is that is that the constitution also donated the same powers of being in control of local governments accounts to the state House of Assemblies ,usually influenced by the state governors ,in section 162(8)
The Attorney-General and minister of justice, Lateef Fagbemi (SAN) should in picking the gauntlet on behalf of the federal government in rescuing the local governments from the states should sponsor a private bill to the national
Assembly to amend the local government Act in order to bring more clarity as to who should do what ,and not the ambiguity that could cause the best of constitutional lawyers and experts migraine .
In the new amendment we intend to see ,a local government administration that is allowed to function without undue interference from either the state or even the federal government. A democratically elected local government,contributing to national development, as seen in other climes, is what we expect to see in Nigeria.
Dr Uche Akunebu, is the Head of poets of the world (Poets del Mundo ) Nigerian chapter, and Editor of African book series of the international human rights arts Festival based in New York.
