One knotty problem in the operation of the 1999 Constitution is the issue of local government administration and control. Since the restoration of democracy in the country 15 years ago, the Federal Government has repeatedly tussled with state governments on the matter, in particular, as it concerns the control of local councils’ finances. Attempts to resolve the dispute went up to the Supreme Court, which delivered judgements in two cases on the matter. It is in this regard that the recent decision of the National Assembly to give financial and administrative autonomy to local government authorities in the country is a welcome development.
Perhaps, the decision will help lay to rest the interminable disputes between the federal and state governments, guarantee the independence of the councils and empower them to play their role as agents of development at the grassroots.
Currently, there are 774 constitutionally-recognised local councils in the country. The approval of the National Assembly for their autonomy has paved way for the amendment of Section 124 of the 1999 Constitution. The amendment will make the councils become a full third tier of government, without undue interference from state governments.
This amendment of section 124 of the 1999 Constitution was one of the 22 others approved by the two chambers of the National Assembly through a conference committee, last week.
However, the amendment of the section will have to be approved by two-thirds of the state Houses of Assembly before it can become operational. Nevertheless, this is a piece of good news for those who have been agitating for local government autonomy. One fact that remains indisputable, even by those who insist that the councils should be the responsibility of the states, is that the local government system has been so undermined that it can no longer effectively play its role as an agent of development at the community level in the country.
This is despite the huge allocations made to this tier of government from the Federation Account. It has been alleged that some state governments frequently divert most of the funds meant for the councils to other purposes, instead of the development of the councils. This was possible because the funds for the local councils were paid from the Federation Account into the state and local government joint accounts that are controlled by the state governments. Besides, the allegation is that because, under section 162(8) of the constitution, the state Houses of Assembly legislate for the councils and since most of the state legislatures are reportedly like rubber stamps of the state governors, the council funds are either misappropriated, misapplied or diverted outright into private coffers without a whimper either from the council officials or the state legistures.
While the recommended autonomy for local governments is a milestone in our democratic evolution though subject to the approval of two-thirds of the state Houses of Assembly, the process should be carefully considered to ensure accountability and transparency by local government administrators. It is on record that some council officials have been indicted for misappropriating council funds.
It will be a matter of regret if, after the financial and administrative autonomy becomes operational, the council administrators deal unjustly with the funds allocated to that tier of government. The amendment should not be seen to have opened revolving doors of corruption to corrupt council officials.
To ensure that this does not happen, we suggest the setting up of an agency empowered by law to monitor the use of revenue allocated to local governments in the country. It is necessary to ensure adequate checks and balances.
Communities and other stakeholders should, therefore, also begin to show genuine interest in how their councils are run, financially and administratively. This is not the time for stakeholders at the grassroots level to sit on the fence on issues concerning the affairs of their councils.
Now that concrete steps are being taken to restructure key institutions of our democracy, Nigerians must be on guard to ensure that the objectives of the reforms are kept in view. The approval of financial and administrative autonomy for local councils is one big step forward for our democracy. It should place governance in Nigeria on a firmer footing, especially at the grassroots level. It is also a challenge to local government administrators to act in the best interest of their councils in all their financial dealings.
