By Lukman Olabiyi

The Supreme Court’s recent ruling on local government autonomy has ignited widespread concern and uncertainty about the future of Local Council Development Areas (LCDAs) nationwide.

The apex court’s decision, aimed at clarifying the autonomy and governance of local governments, notably omitted any mention of LCDAs or their funding mechanisms, leaving many stakeholders apprehensive.

The verdict has been praised for reaffirming the independence of local governments, ensuring they receive funds directly from the federal government without state interference. However, the exclusion of LCDAs from the ruling has raised questions about their legal standing and financial viability.

Senior Advocate of Nigeria (SAN), Mr. Kunle Adegoke, explained that with the Supreme Court’s decision, LCDAs are not recognized legally and cannot benefit from funds meant for local governments. He suggested that state Houses of Assembly needs to take steps to accommodate LCDAs in the disbursement of funds.

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“Since the constitution doesn’t recognise LCDAs, it would be inappropriate for local government funds to be split between Local Governments and LCDAs. The solution is for state governments to seek the understanding of Local Government chairmen,” he said.

Olukayode Enitan (SAN) hailed the Supreme Court judgment as a step in the right direction.

“It enhances our federalism, ensuring accountability, and now we can hold our local government chairmen responsible for the conditions in our communities. They can’t claim governors are withholding their funds,” he said. However, he raised concerns over the funding of LCDAs due to the directive of the apex court on direct allocation payments to local governments, which did not consider LCDAs.  He suggested that an arrangement must be made between constitutionally recognised local governments and LCDAs on sharing federal allocations.

Senior lawyer, Kabir Akingbolu echoed similar sentiments, noting that without explicit recognition and a defined funding structure, LCDAs may struggle to sustain their operations and deliver essential services.  “The Supreme Court judgment implies that only constitutionally recognized local governments are valid, leaving LCDAs without a place in the constitution. The issue of funding LCDAs might need intervention from governors and state governments.

“However, considering accountability issues, some chairmen may resist sharing funds, fearing responsibility if investigated by EFCC or ICPC,” he said. Former Nigerian Bar Association (NBA) Ikeja branch chair, Dave Ajetomobi, believes the issue will be resolved between local governments and LCDAs.  He noted that while the Supreme Court’s verdict strengthens the financial autonomy of recognized LGAs, the fate of LCDAs will largely depend on state government actions and potential future legal reforms.