POS 413 group project

Local government and 1999 constitution in Nigeria

ABSTRACT

This paper examines the local government system in Nigeria, and the 1999 constitution of Nigeria. After
a review of the local government system in Nigeria as an example of a political tier system, it examines
the nature of local government in Nigeria as well as the roles and responsibilities, its objectives and
structures of the local governments in the Nigerian context. Its relationships with the 1999 constitution
of Nigeria. This paper concludes with the overall involvement of local government in Nigeria and the
1999 constitution of Nigeria.

Keywords: Local government,Constitution.

INTRODUCTION

The local government is established in the entire globe grassroots. To boost development in the It is
geared towards devolution of powers to enable the locales to participate in management of their own
affairs. It is meant to guide against over concentration of powers at the center; that is the federal
government.

Nonetheless, the history of local government system in Nigeria is a chequered one, as the system has
suffered a lot of transformations without any progress. These include reforms in the system, such as the
ones in 1950s – 1966, 1966 – 1975, 1976, 1985 – 1993 and 1993 – 1988. This is primarily because of the
political nature of the country. In many countries, local government has become the only and sure path
to national integration, stability and development. National development has been canvassed to take off
from the grassroots as the local government is widely known as a vital instrument for rural
transformation and machinery for effective delivery of social-economic services to the people. The
Constitution of the Federal Republic of Nigeria, 1999 (as amended), guarantees the existence of a
democratically elected local government system under section 7 (1) like its 1979 counterpart. There are
774 local governments in the country and they operate a uniform system of local government
administration.6 Local government under the 1999 Constitution is structured in a manner that
empowered state governments to administer and control them as seemed best for them. The challenges
of local government under the 1999 is constitutional because though the Constitution created the local
government loosely as the third tier of government, it failed to make enabling provisions that will make it
to operate as a tier of government in the real sense.

The Nature Of Local Government

Many scholars define local government differently. This is as a result of varied perspectives on the actual
role of local government which differ from one environment to another. However, local government can
be defined as government at the local level exercised through representative councils established by law
to exercise specific powers within defined areas ( Local Government Reform Handbook,1992). According
to Oni, (1993), local government is that “level of government exercised through representative councils,
established by law to exercise geographical area with common social and political ties”. These powers
should give the council substantial control over local affairs as well as the staff, and institutional and
financial powers to initiate and direct the provision of services and to determine and implement projects
so as to complement the activities of the state and federal governments in their areas.

Local government system can be defined as:

Government at local level exercise through representative councils established by law to exercise
specific powers within defined area. These powers should give the council substantial control over
local affairs as well as the staff and institutional and financial powers to initiate and direct the provision
of services and to determine and implement projects so as to ensure through devolution of functions to
these councils and through the active participation, of the people and their traditional institutions that
local initiative and response to local needs and conditions are maximized. (Awa, 2006:96)

These definitions are rooted in the meaning of local government by the United Nations, office for Public
Administration which defines local government as:

A political division of a nation or (in federal system), state, which is constituted by law and has
substantial control of local affairs, including the powers to impose taxes or to exact labour for prescribed
purpose(UN Report, 1960:3).

The governing body of such an entry is elected or otherwise locally selected. (Quoted in Ola, 1984:7).

The local government has been defined as “government by the popularly elected bodies charged with
administrative and executive duties in matters concerning the inhabitants of a particular district or
place” (Appadorai, 1975:287). Conceptually, and on a political level, the local government involves
participation in the governing process at the grassroots level. This implies legal and administrative
decentralization of authority, power and personnel by a higher level of government to a community with
a will of its own, performing specific functions as within the wider national framework. On an
administrative level, the local government is a government at the grassroots level of administration. Due
to its closeness to the people, it has as its aim the meeting of specific grassroots needs of the people.

In Nigeria, the local government system operates within the “presidential model”. The Chairman of the
LGA is directly elected by eligible voters in the local government area, and governs in collaboration with
the legislative arm of the local government. Local council members are elected from single member
wards (i.e. districts). The term of both the chairman and council of the LGAs is currently three years, but
varies from state to state, depending on what has been legislated by the State House of Assembly.
Politically, Nigeria is a federation comprising three tiers of government -the federal government, 36 state
governments, federal capital territory (FCT) and 774 local governments. In total, Nigeria has 812 separate
political jurisdictions, synonymous with 812 different centers of policy decision-making/resource
allocations. The basic principles of the sharing of roles and responsibilities are broadly enshrined in the
country’s supreme law – Constitution of the Federal Republic of Nigeria 1999.
 CHARACTERISICS OF LOCAL GOVERNMENT

Almost all local government bodies share certain characteristics:

That local government is a subordinate system of government;

A continuing organization;

The authority to undertake public activities;

The ability to enter into contracts;

The right to sue and be sued; and

The ability to collect taxes; and

Has the power to make policies, prepare budgets and have a measure of control over its own staff.

ROLES AND RESPONSIBILITIES OF LOCAL GOVERNMENT.

Local Government as the third tier of Government in Nigeria is the closest government to the people as
it deals with the people from the grassroots level. It is therefore, pertinent to stress that its importance is
significant in the socio-economic and political life of a nation like Nigeria where majority of the teeming
populace resides in rural communities.

The Federal Republic of Nigeria as a sovereign country, is governed in accordance with the provisions of
the 1999 Constitution of the Federal Republic of Nigeria, as amended (herein after referred to as 1999
Constitution). Thus, the said functions and roles of LGA as a tier of government are provided in the said
1999 Constitution.

The 1999 constitution outlines the main functions of the local government in Nigeria in the first place as
“the consideration and the making of recommendations to a State commission on economic planning or
any similar body on the economic development of the State, particularly in so far as the areas of
authority of the council and of the State are affected, and proposals made by the said commission or
body;” It also includes the collection of various rates, maintenance functions of things as varied as roads,
streetlights and drains. Many waste management functions are also entrusted to the local government,
as are simple registration functions. They are also responsible for the control and regulation of outdoor
advertising and the sanitary conditions in food processing establishments such as restaurants and
bakeries.

Local governments worldwide are considered as strategic institutions for the provision of basic
socio-economic, environment and other services. Their strategic vantage proximity to the grassroots
makes them valuable and viable for providing effective and efficient services required by the community.
They can and should be engines of growth and drivers of development. They provide cultural,
educational, management, research, commerce and political services. They also offer employment,
health facilities and boost the local economy, and by extension, the national economy. Public functions
can be delegated, with some limitations, to any level or unit of government, but responsibility is typically
assigned to the organization that has direct contact with the consumer. This ultimate responsibility for a
public service does not necessarily mean that other public entities or governments have no
responsibility. Actual responsibility for public functions is usually divided among public sector actors.
 FUNCTIONS OF A LOCAL GOVERNMENT IN NIGERIA.

The general function of a Local government as embedded in the fourth schedule of the 1999
Constitution of the Federal Republic of Nigeria (as amended) include:

(1) The main functions of a local government council are as follows:

(a) the consideration and the making of recommendations to a State commission on economic planning
or any similar body on – (i) the economic development of the State, particularly in so far as the areas of
authority of the council and of the State are affected, and (ii) proposals made by the said commission or
body;

(b) collection of rates, radio and television licences;

(c) establishment and maintenance of cemeteries, burial grounds and homes for the destitute or infirm;

(d) licensing of bicycles, trucks (other than mechanically propelled trucks), canoes, wheel barrows and
carts;

(e) establishment, maintenance and regulation of slaughter houses, slaughter slabs, markets, motor
parks and public conveniences;

(f) construction and maintenance of roads, streets, street lightings, drains and other public highways,
parks, gardens, open spaces, or such public facilities as may be prescribed from time to time by the
House of Assembly of a State;

(g) naming of roads and streets and numbering of houses;

(h) provision and maintenance of public conveniences, sewage and refuse disposal;

(i) registration of all births, deaths and marriages;

(j) assessment of privately owned houses or tenements for the purpose of levying such rates as may be
prescribed by the House of Assembly of a State; and

(k) control and regulation of – (i) out-door advertising and hoarding, (ii) movement and keeping of pets
of all description, (iii) shops and kiosks, (iv) restaurants, bakeries and other places for sale of food to the
public, (v) laundries, and (vi) licensing, regulation and control of the sale of liquor.

(2) The functions of a local government council shall include participation of such council in the
Government of a State as respects the following matters –

(a) The provision and maintenance of primary, adult and vocational education;

(b) The development of agriculture and natural resources, other than the exploitation of materials

(c) The provision and maintenance of health services; and

(d) Such other functions as may be conferred on a local government council by the House of Assembly
of the State.

THE OBJECTIVES OF LOCAL GOVERNMENT

• To establish local representative government institutions through which appropriate services and
development activities can be made more responsive to the local community;

• To provide opportunities for local communities to exercise their democratic right to self governance
and determination at the local levels, and to encourage and develop initiatives and leadership potential;

• To mobilize human and material resources through the involvement of members of the public in their
local development; and

• To provide a two way channel of communication between the local communities and the central
government (Omamo, 1995).

REASONS FOR ESTABLISHING LOCAL GOVERNMENT

The following are the reasons for establishing local government(Eneanya,2012: 19-20):

Local government provides the platform for people to conduct their own affairs in line with local needs
aspirations, resources and customs which they alone understand better than any outside;

a) Provides framework for mobilizing and sustaining popular zeal and initiative in development;

b)Serves as a hedge against over-concentration of power at the centre which often leads to tyranny;

c)It acts as a two-way channel of communication between the local population and the central
government.

d) It aggregates local interest and transmits these to the centre and also keeps the local population
informed about central government policies and programmes;

e)Local government serves as socio-economic laboratory for testing new proposals for government
organisation and sund economic policies; and

f)Acts as a training ground for leadership positions at the national level.

Structure of Local Government in Nigeria

The structure of the local government refers to the institutional framework within which the local
governments exist. This includes the geographical size, population, the tier system and organizational
component focuses on the decision making organ such as the council, various committees and their
responsibilities.

Local government structure could be single tier or multi-tier. The main difference between the two
arrangements is as follows:- A single tier system does not share responsibilities.

It takes care of all the functions and powers assigned to a local government alone while multi tier
structure framework is arranged in layers or strata called tiers.

It could be two or more strata or layers. Each stratum is assigned power and functions.

The essence is to facilitate decision making and implementation. There are also a structural chain of
command and unity of purpose in the hierarchy of the system.
At the apex of the hierarchical structure of the local government is the chairman; who is the chief
executive of the local government.

The next to him is the Vice chairman, then the secretary to the council whose post is political.

The next in the structure are the supervisors and the head of personnel department (HPM), who is the
head of service in the local government.

The above set of officers constitutes the executive committee. The next in the hierarchy are the various
heads of departments.

Under the heads of department are other categories of subordinate staff. These categories of staffs are
spread in the various units and sub units.

THE 1999 CONSTITUTION AND LOCAL GOVERNMENT ADMINISTRATION.

THE CONSTITUTION

The Constitution of the Federal Republic of Nigeria has a history and is in various stages. A number of
the Constitutions were silent on the Local Government whereas the other has highlighted the relevance
of the Local Governments. The Constitution of 1979 and 1999 Constitution as amended significantly
discussed the Local Government provisions, particularly with the Local Government Reform. Though the
Reforms started in the 1950s and 1966, the 1950s Reform was designated to address the local
government administration in the Southern part of Nigeria. It also further leads to a number of reforms
in the Eastern regions for the purpose of streamlining the local government system by structuring the
system. (S. C Ugwu, 2000, at p. 14). The 1976 Local Government Reform is the most notable reform in
the history and development of the Local Governments in the Constitutional platform of Nigeria. This
further followed up by the Dasuki Reform Committee. (S. C Ugwu, 2000 p. 14). The output of the
Reforms at this level supported the position of the Local Governments in the 1979 Constitution as well as
being fundamentally position in the 1999 Constitution. The 1999 Constitution had addressed the
position of Local Governments, particularly on the creation of a States through which the Local
Government Councils will be created in the respective areas.

The 1999 Constitution, present constitution which Nigeria operates, also in Section 7, like that of the
1979 constitution, word for word, recognizes: “The system of local government by democratically
elected local government councils..,” Other critical issues of creation, boundary or area delimitation, role
in economic development planning, among others, are equally addresses like in the 1979 constitution, in
section 7, subsection 2,3,4,5 and 6. It is not just enough in the paper to undertake a cursory examination
of the relationship between the local government and the constitution by only looking at the extent to
which the 1963, 1979 and the 1999 Constitutions either attempted to recognize Local government as a
tier of government within the Nigerian federal framework, or Determine the extent to which the various
constitutions give recognition to the need for Local government.

There are some contradictions in the 1999 constitution of the Federal Republic of Nigeria in relation to
local government administration. Section 7(1) states emphatically that “The system of local government
by democratically elected local government councils is under this constitution guaranteed; and
accordingly, the government of every state shall subject to section 8 of this constitution, ensure their
existence under a Law which provides for the establishment, structure, composition, finance and
functions of such councils”. Yet, section 7 (6a) submits that “the National Assembly shall make provisions
for statutory allocation of public revenue to Local Government councils in the federation. But the
confusion is extended further by section 7 (6b) which states that “the House of Assembly of a state shall
make provisions for statutory allocation of public revenue to local government councils within the state”.

This confusion also resurfaced in section 162 (6) where it established the State Joint Local Government
Account for the purpose of payment of “all allocations to the Local Government councils of the State
from the Federal account and from the Government of the State”. In Section 162(7) it directs State
Government to pay to Local Government councils its total revenue on the terms prescribed by the
National Assembly. At the same time it gives the same power and functions to the State House of
Assembly in section 162(8)

Further, section 8 (subsections 5 and 6) saddles the National Assembly with some functions before
creation of a local government can become legal. The implication of all the identified contradictions and
ambiguities is that it is difficult to locate constitutionally the locus of power on local government
creation.

The unresolved contradictions, confusion and ambiguity created in the 1999 constitution have been
tools in the hands of some third republic generation of politicians to cripple the Local Government
system in Nigeria.

While the 1999 Constitution empowers Electoral Commissions at the State level to Organize elections
into the local government councils, this can only be done if the Independent National Electoral
Commission (INEC), a national/federal executive body, Supplies the State’s Electoral Commission with the
List of Registered Voters. This Practically means that elections into the local government council can only
take place at the behest of the Federal Government as the Independent Electoral Commission is only
Independent in name.

Significantly too, the provision of the law says that ten percent of internally generated revenue of the
States be made available to the local government only exists in theory.

Conclusion

We have looked into the meaning of local government and other relevant terms and evaluated the local
government system under the 1999 Constitution of Nigeria and under the Electoral Act 2010. The
saddening state of the Local governments in the Federation has, in diverse ways, affected the collective
development of the nation. It has further dismantled the whole purpose of a Local government being
the grass root government of the people.

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