From Priscilla Ediare, Ado-Ekiti
A former governorship candidate in the 2022 election in Ekiti State, Ifedayo Iyaniwura, has said the Supreme Court judgement granting financial autonomy to local governments in Nigeria is “mere divertissement.”
The former chairman of the Inter-Party Advisory Council (IPAC) in the state opined that only total autonomy for local governments would bring about the emancipation of the local government system in the country.
Iyaniwura stated this when he was featured on a radio programme in Lagos State, discussing the implementation of the financial autonomy granted to local councils by the apex court.
According to him, “It was common knowledge that in 2019, the then President of the Federal Republic of Nigeria, Muhammadu Buhari, signed into law an executive order granting financial autonomy to local government councils in Nigeria, in line with the recommendation of the Nigeria Financial Intelligence Unit (NFIU).
“Three years later, the succeeding government, the present government of President Bola Ahmed Tinubu, announced its intention to drag the Nigerian State Governors to the Supreme Court for adjudication over how the Local Government Councils could operate with autonomy.
“On 11th July, the Supreme Court granted financial autonomy to Local Government Councils. This Supreme Court judgement, aside from its legal status and administrative law at play, does not offer any more important order than the adjudication of the ambiguous Section 162, subsection (3) of the Nigerian constitution.
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“Local Government Autonomy is a constitutional issue, and if we are to talk about Local Government Autonomy, we should be talking about total autonomy, not just financial autonomy.
“Section 162 of the Nigerian constitution discusses public revenue. Subsection (1) of Section 162 says, ‘The Federation shall maintain a special account to be called “the Federation Account” into which shall be paid all revenues collected by the Government of the Federation.’ In subsection (3) of Section 162, it says, ‘Any amount standing to the credit of the Federation Account shall be distributed among the Federal and the State Governments and the Local Government Councils in each State.’ It has already been stated in this section that Local Governments shall also share from the Federation Account. However, it is silent about through what channel the Local Government Councils shall receive their money from the Federation Account, whether through the State Governments or directly from the Federation Account. It was not unconstitutional when the Local Government funds were released through the Government of the States.
“Also, the ruling of the Supreme Court was in conformity with the position of the constitution. The implication of the Supreme Court judgement on financial autonomy is that it is now a law in Nigeria to release Local Government funds directly from the Federation Account to Local Government Accounts. This law remains valid because it is a Supreme Court pronouncement, and one of the major sources of law in Nigeria is judicial precedent/case law.
“However, the public should not be deceived; financial autonomy for local government councils in Nigeria can’t stop the Government of the States from its power to oversee the Local Government Councils in Nigeria, especially the State Houses of Assembly. Yes, the Nigerian Constitution encourages it, and how?
“Section 2 (1) of the Nigerian Constitution says, ‘Nigeria shall be one indivisible and indissoluble sovereign state to be known by the name of the Federal Republic of Nigeria.’ In subsection (2), it says, ‘Nigeria shall be a Federation consisting of States and a Federal Capital Territory.’ The implication of Section 2 of the Nigerian Constitution is that Local Council Areas in Nigeria are dependent on the Government of the States.
“Also, in Section 7 (1) of the 1999 Nigerian Constitution (as amended), it says, ‘The system of Local Government by democratically elected Local Government Councils is under this constitution guaranteed; and accordingly, the Government of every State shall ensure the existence of Local Government Councils under a law which provides for the establishment, structure, composition, finance and functions of these Local Council Areas.’ This section of the Nigerian Constitution is devoid of ambiguity. It is self-explanatory.
“With Section 7 of the Nigerian Constitution, the conduct of Local Government Elections by the States Independent Electoral Commission put in place under a regulatory law is not illegal because it enjoys the privilege of how Local Government Councils could be established. The existence of state local government service commissions that handle appointments, promotions, discipline, and welfare of centrally deployed (Unified) staff in the local government is constitutionally justifiable because it enjoys the privilege of how local government councils function. The subdivision of Local Government Councils in some States is not out of place because it enjoys the privilege of how Local Government Councils could be structured. The oversight of the State Houses of Assembly over the Local Government Councils is not unconstitutional because it enjoys the provisional privilege in Section 7 (1) of the Nigerian Constitution.
“Despite all these constitutional provisions that make Local Government Councils dependent on the Government of the States in Nigeria, I can say that we can convincingly see some governors who still encourage smooth, functional, and democratically elected Local Government Councils in their respective states. At least, I can vouch for the Ekiti State Governor, Mr Biodun Oyebanji, who does not touch Local Government funds, an assertion affirmed by the Ekiti State Association of Local Governments of Nigeria (ALGON).
“If there should be a need for a total emancipation of the Local Government system in Nigeria, then we should be talking about total autonomy, which will provide local public administration authorities with sufficient freedom of action in managing local council affairs, while relieving the central authorities of the problems closely related to local communities, leaving the task of solving them to the local council authorities. To achieve this, the National Assembly must work with the Federal Ministry of Justice to either make a constitutional provision that shall nullify Section 7 of the Nigerian Constitution or make an outright amendment to the Nigerian Constitution that will redefine the position of the constitutional law regarding the establishment, structure, composition, finance, and functions of democratically elected Local Government Councils in Nigeria. The 1999 Nigerian Constitution (as amended) never desired an independent Local Government system but a dependent one. Sections 2(1-2), 7(1), 8, 124, 162(5-8), and the 4th Schedule of the CFRN 1999 (as amended) must be addressed to achieve total autonomy for Local Government Councils.
“Until this is done, the Supreme Court judgement on financial autonomy remains a mere divertissement and is tantamount to having personal money but lacking total authority over how the money could be spent.”