Lateef Fagbemi, the Attorney-General of the Federation and Minister of Justice, has advocated for the elimination of State Independent Electoral Commissions (SIEC). According to him, their responsibilities should be transferred to the Independent National Electoral Commission (INEC) in order to protect the autonomy and transparency of local government election outcomes.
Fagbemi has taken legal action by filing a lawsuit with the Supreme Court, accusing 36 states of misconduct for withholding funds allocated to local governments.
Additionally, he has requested the Supreme Court prevent the dissolution of elected local government councils by state governments and the subsequent appointment of caretaker committees.
During a National Discourse on Nigeria’s Security Challenges and Good Governance at the Local Government Levels, Fagbemi emphasized the importance of scrapping state electoral commissions to establish a solid foundation for democracy in local governments through a comprehensive constitutional amendment.
This action, he believes, will eliminate obstacles that impede the progress of local governments and their ability to fulfill their constitutionally mandated duties.
Despite the safeguards in the constitution to protect the autonomy of local governments, there has been a consistent pattern of arbitrary dissolution, abolition, or division of local governments by state authorities.
The constitutional provision outlined in Section 162(5-8) regarding the State Joint Local Government Account gives state legislatures the authority to determine the allocation of revenue to local governments.
This has led to a situation where state governments have taken control of local government funds since 1999, resulting in a significant encroachment on local revenue sources.
The misuse of the joint account system by various state administrations throughout Nigeria has severely compromised the financial independence of local governments and hindered their ability to fulfill their mandated duties.
The autonomy of local government in Nigeria, as the third tier of government, is a critical aspect of the country’s federal structure. However, the persistent failure to grant administrative and fiscal autonomy to local governments has hindered their ability to effectively deliver essential services to the grassroots level and contribute to national development.
The Attorney General of the Federation highlighted that the lack of autonomy for local governments has led to a situation of dependency rather than the intended independence within a true federal system. This has resulted in local governments being subject to fiscal control and manipulation by state governments, limiting their capacity to function effectively.
The State Joint Local Government Account (SJLGA) has been identified as a mechanism used to undermine the autonomy of local governments and impede their development efforts. Sections 7 and 162 of the 1999 Constitution have been exploited by state governments to exert control over local governments, reducing them to mere extensions of the state executive branch.
The operational effectiveness of Local Government Areas (LGAs) in executing developmental tasks, especially within a federal framework like that of Nigeria, is intricately linked to the dynamics of the relationships between the federal, state, and local levels of government.
Fagbemi highlighted that the 1999 Constitution of Nigeria falls short in guaranteeing sufficient political independence for local governments, thereby granting state governments the authority to dictate the processes and outcomes of local government elections and political affairs.
The absence of a clear delineation of powers between state and local authorities in the constitution, coupled with ongoing disputes regarding the role of state governments in the allocation of funds from the Federation Account to local governments, has hindered the ability of LGAs to deliver vital services at the grassroots level.
Instead of functioning as an autonomous governmental tier, local governments often find themselves operating as mere extensions of state administrations, as noted by the AGF.
The AGF further emphasized that the provisions related to the State Joint Local Government Account in the constitution have essentially placed local government councils in a state of political subjugation.
One of the most prevalent forms of abuse observed in local governance is the manipulation of local government leadership positions by state electoral commissions, resulting in the imposition of leaders through dubious electoral processes, while many state governors opt for appointing caretaker committees to oversee local governments.
The electoral process in the country is flawed, leading to a situation where local government functionaries are virtually selected rather than elected, with state governors imposing local government chairmen on the people. This lack of true democratic representation undermines the principles of fair governance and accountability at the local level.
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Due to weak constitutional provisions, local government councils are at the mercy of state governments, with inconsistent patterns of local government elections and some governors resorting to dissolving councils and appointing caretaker committees. This practice erodes citizens’ participation, transparency, and accountability, essential elements of good governance at the local government level.
The imposed chairmen end up being accountable solely to the governor rather than the people, resulting in a lack of transparency and citizen involvement in local governance. These issues, along with other abuses, have significantly impacted the performance of local government and contributed to the overall failure of representative institutions, as highlighted by Fagbemi.
Fagbemi emphasizes that empowering local governments is crucial not only for improving governance but also for national security. By addressing the structural deficiencies in the electoral process and ensuring genuine citizen participation, transparency, and accountability, local governments can play a key role in enhancing security and promoting effective governance at the grassroots level.
President Bola Ahmed Tinubu, represented by Minister of Defense Mohammed Badaru Abubakar, emphasized the importance of addressing security challenges at the local government level in order to achieve overall national security.
He acknowledged that the rural areas are particularly affected by these security skirmishes, causing unrest among the local populace and impacting the economy.
While progress has been made in enhancing security, there is still much work to be done, especially at the local government level, where these attacks are prevalent.
Speaker Abbas Tajudeen of the House of Representatives urged state governors to prioritize the grant of full autonomy to local governments, emphasizing that the National Assembly is committed to empowering them to fulfill their constitutional roles.
He highlighted the challenges faced by local governments, including the encroachment of their functions by state governments and the lack of financial autonomy.
With over half of the local governments operating under caretaker committees, local governance has been weakened, allowing insecurity to thrive.
Addressing these challenges is crucial for promoting good governance and strengthening national security. The speaker emphasized that national security and development cannot be achieved if local governments remain insecure, mismanaged, and underdeveloped.
The opposition to local government autonomy by state assemblies’ speakers, as articulated by Chairman Adebo Ogundoyin, stems from the fear that granting autonomy to LGAs could lead to federal government interference and manipulation against the states.
Ogundoyin highlighted concerns about inadequate resources and potential mismanagement of funds in urbanized local governments if autonomy is granted, leading to increased corruption and accountability issues.
The speakers argue that the current challenges faced by local governments due to a lack of autonomy would only worsen with more direct resources, potentially allowing the federal government to undermine the authority of state governments by controlling LGAs.
