The recent move by the Senate to cut off statutory allocations to councils without elected representatives might have been prompted by frequent dissolution of councils of elected officials at the third tier of government. The resolution, which was supported by the Senate, was sequel to a motion sponsored by Senator Abba Moro, representing Benue South, entitled “Urgent need to halt erosion of democracy in Benue State.” The motion followed the dissolution of the 23 elected councils in Benue by Governor Hyacinth Alia, and their replacement with caretaker committee members. The Senate, in supporting the resolution, expanded it to include all local councils across the country without elected officials. No fewer than 17 state governors have dissolved elected local government councils and replaced them with appointed caretaker committees.
The appointment of caretaker committees is contrary to Section 7, Schedule 8, of the 1999 Constitution (as amended). The section provides the system of local government by democratically elected officials. Accordingly, it enjoins that the government of every state in the federation must ensure their existence under a “Law which provides for the establishment, structure, composition, finance and functions of such councils”. The Supreme Court had ruled that state governors do not have the power to dissolve democratically elected Local Government officials. In that regard, the Senate said that it could be compelled in line with its oversight powers, to prevail on the Ministry of Finance to stop the release of funds to local government councils still operating caretaker committees.
There is no doubt that the control of local government allocation has been contentious. The state governors have always been controlling the funds of local governments through State and Local Government Joint Account. Every attempt to change the status quo has been resisted. Granting financial autonomy to the local governments has been opposed by the state governors.
Whether run by elected officials or unelected officials, governance at the so-called third tier of government has not always been impressive. For the state governors, the third tier of government does not exist. That is why many of them will rule a state for eight years without conducting election at the third tier of government. Even where such elections are conducted, it is only the political party in power that wins all the seats. The mismanagement of governance at the local government level is why the rural areas have not been developed.
The framers of the 1999 Constitution might have in mind the development of the rural areas when they insisted in having an elected democratic government at the third tier of government. What is in vogue now is the appointment of caretaker committee to run the affairs of the councils. This is an aberration. It is undemocratic. However, withholding the allocation of councils without elected officials will not solve the problem. What the senate should do is to ensure that states conduct council elections at stipulated periods. There should be tenure for elected council officials. The local government administration needs urgent reforms that will make it more democratic and accountable.
The move by the Senate to halt the allocation of local government funds to unelected officials rekindles the call for the Administrative and Financial Autonomy of the local governments in the country. When the matter came before the National Assembly a few months ago, it fell short of the required 2/3 threshold that would have made it available for the President to assent to it. And that puts back the control of local government funds in the hands of state governors.
It is sad that despite N9.56 trillion allocation to the 774 LGAs across the country in five years (2019-2023), there is little or no impact on the lives of the local folks and the development of the communities they are mandated to serve. This is in addition to their internally generated revenue (IGR) and other sundry levies.
In 2019, the 774 LGAs received N1.66 trillion, N1.67 trillion in 2020, N1.71 trillion in 2021, N2.17 trillion in 2022, and N2.32 trillion between January and November 2023. From May 2023 when the federal government removed subsidy on fuel, statistics show that the LGAs received an average of N231.68 billion monthly. In spite of this huge amount, performance at the local government level remains grossly unsatisfactory. The state governors have been in control of local government funds through the State and Local Government Joint Account.
It is time to find an accountable way of administering the councils to ensure the overall development of the rural areas. Perhaps the scrapping of the State and Local Government Joint Account and replacing it with direct allocation to the councils will ensure that democracy works at the grassroots level. For the local government administration to be effective, there is need for a reform that will make the citizens hold council members accountable. The local government funds should be allowed to be used to develop the rural areas.