From Ndubuisi Orji, Abuja
One of the major issues in the front burner in the House of Representatives, in the ongoing review of the 1999 Constitution, as amended, is full autonomy for the local government. So far, the House has passed for a second reading two bills seeking to insulate the local government councils from the state governors, enhance the credibility of elections at the grassroots and ensure a fixed tenure of four years for elected officials.
Since the tenure of the first set of local government officials elected at the inception of the Fourth Republic elapsed, the third tier of government has been under the stranglehold of state governors. The first election into the local government administration before the 1999 presidential election was conducted by the Independent National Electoral Commission (INEC). Thereafter, the respective states took over and enacted laws for council administration in their respective states, with the conduct of council polls by the State Independent Electoral Commissions (SIECs).
Since then, the status of local government, as well as autonomy, has been a thorny one. The governors, using the state House of Assembly, determined how long a local government has to stay in office. Also, relying on the state and local government joint account, the governors controlled the funds of the councils.
Worse still, many of the local government councils were run through caretaker committees, while the state chief executives, through their respective state assemblies, appointed and fired council bosses at will.
However, the councils got a breather last year after the Supreme Court declared that only councils with elected officials are eligible for federal allocations, which would be paid directly to them. The Federal Government had, through the Attorney General of the Federation and Minister of Justice, Lateef Fagbemi, SAN, instituted a suit against the 36 states governments.
The Supreme Court had, in a judgment on July 11, 2024, affirmed financial autonomy for the 774 local government councils in the country, and went further to rule that only LGAs with elected council officials will receive allocation from the Federation Account, which will be paid directly into their accounts.
After that judgment, many of the states with unelected council officials rushed to conduct local government elections. In addition, some of the states have tried to come up with laws to keep the local government councils under the indirect control of the state governors.
For instance, Anambra State House of Assembly passed an Executive bill, which mandates local government councils in the state to remit certain percentage of their federal allocations to a joint state-local government account, when the allocations are paid directly to them.
The Anambra State Governor, Charles Soludo, while speaking at the signing of the new local government law, had reportedly said that “the absolute autonomy to the 774 local government areas in the country is an impossibility. In fact, it is a recipe for humongous chaos.”
He further noted that “the new laws by Anambra House of Assembly are, therefore, consequential to give operational life to the Supreme Court judgment and not to undermine it.”
While Fagbemi had warned that there would be consequences for states that undermine the judgment of the Supreme Court for financial autonomy for councils, pundits say regardless of whatever relief the councils may have gotten through the apex court verdict, the main hurdle to full autonomy to the third tier of government is SIECs. Over the years the local elections have come under severe criticism, as it is in most instances an adoption of the choices of the various state governors.
Speaker of the House of Representatives, Hon. Tajudeen Abbas, while declaring open a national dialogue on Local Government and Constitution Amendment organised by the House Committee on Constitution Review, last December, decried the manner in which local government elections in the country are conducted.
Abbas, represented by the deputy speaker, Benjamin Kalu, said the poor conduct of local government elections raises concerns about the integrity of the governance structure at the grassroots level.
According to him, “when elections are characterised by a lack of competitiveness—wherein the ruling party sweeps all positions—it becomes evident that we are witnessing a mockery of democratic principles. This scenario is not merely an embarrassment; it poses a significant threat to our democracy. It fosters an environment where undesirable elements infiltrate these councils, often lacking the necessary capacity and vision to govern effectively. Consequently, local governments become mere appendages of state governments or pawns in the hands of so-called godfathers who manipulate political outcomes for their own gain, “ the Speaker added.
Nonetheless, the House, is making moves to dismantle the hurdles. The House, last month, passed for a second reading two bills, bothering on the administrative autonomy of the local government council and establishment of National Electoral Commission to be saddled with the task of conducting local government elections across the country. The two bills have already been referred to the House Committee, chaired by Kalu.
National Local Government Electoral Commission bill
The bill, which is seeking an alteration of Section 157 of the 1999 Constitution (As amended), according to the sponsors, is intended to address concern over the alleged failure of the SIECs to conduct free, fair and credible polls at the council levels. Critics have repeatedly described the SIECs as appendages of the different state governors.
The proposed legislation, which is sponsored by Kalu and eight others, according to its explanatory memorandum, “seeks to establish the National Local Government Electoral Commission as an independent body responsible for organising, conducting, and supervising elections into the offices of Chairmen and Councillors of all the Local Governments across the Federation, including the Area Councils of the Federal Capital Territory.
“The Bill also provides for the composition, structure, powers, and functions of the Commission, and outlines mechanisms for the regulation of electoral processes to enhance the integrity of local government elections. Furthermore, it aims to streamline and standardise the conduct of such elections across the federation while safeguarding the autonomy of local governments as enshrined in the Constitution.”
The bill, which is seeking to alter Section 157 of the 1999 constitution as amended stipulates that “The National Local Government Electoral Commission shall consist of Chairman and 37 seven other members representing 36 states of the federation and the Federal Capital Territory Abuja. (2) The Chairman, who shall be the Chief Electoral Officer, and members of the Board shall be appointed by the President of the Federal Republic of Nigeria on the recommendation of the National Council of States and subject to the confirmation of the Senate.”
According to the proposed legislation, the Commission shall be responsible for -”(a) organising, conducting, and supervising elections into the offices of Chairmen and Councillors of all Local Governments in the Federation, including the Area Councils of the Federal Capital Territory; (b) setting the election timetable, managing polling processes, and ensuring compliance with electoral laws.”
LG administrative autonomy bill
The local government administrative bill is proposing an alteration bill to section 7 of the constitution to guarantee the administration of local government system by democratically elected officials, as well as a four-year tenure for elected local government officials.
The proposed legislation, according its explanatory memorandum, seeks to alter the Constitution of the Federal Republic of Nigeria, Cap C23 Laws of the Federation of Nigeria 2004 to provide for a comprehensive review of the legal and administrative framework governing Local Government Councils. The primary aim is to establish a robust legal regime that will enhance the administrative capacity of local governments, promote efficient service delivery, transparency, and accountability, and further deepen democratic culture at the grassroots level.”
Specifically, it is proposing alteration of Section 7 of the constitution by substituting the existing section 7 for a new section “7” that reads thus: “7. (1) The system of local government by democratically elected local government councils is under this Constitution guaranteed and caretaker committee is prohibited; and accordingly, the Government of every State shall, subject to section 8 of this Constitution and an Act of the National Assembly, ensure their existence under a Law which provides for their administrative framework.”
The proposed alteration also includes a new Section 7c that states that “the tenure of the Chairman, Vice Chairman and the Councillors shall be four years, and they may be eligible for a second term of four years and no more.”
Nonetheless, while not a few has argued that an independent local government system, with a fixed tenure for elected officials will enhance stability and development at the grassroots, pushing through the proposals will not be a walk in the park for the federal legislature. Pundits say, this is because of the likely opposition from the governors to the idea of a fully independent local government system.
Recall that past efforts by the parliament to alter 1999 Constitution (as amended) to guarantee the independence of local government failed because of opposition from the states. While the desire of the parliament to completely free council areas from the grip of state governors is seen as laudable, the question is how far can the lawmakers go in ensuring that these proposals scale through in the constitution review exercise.