By Adedeji Oladipupo Akinwalere
Local Government Autonomy as Panacea for National Development
- To intensify call for true federalism
- Deepen practice of constitutional democracy
- Achieve National Development through Local Government Autonomy
Current Travails of a Nation
- Threats of Disintegration or Implosion
- Preponderance of Ethnic, Religious Wars
- General Insecurity – Insurgency, Ritual Killings
- Cybercrime – Yahoo Yahoo
- Governance Failure and Calls for National Dialogue
Clarity
- The Nexus of true federalism
- Fiscal federalism
- Decentralization and Local Government Autonomy
Federalism
Federalism is a mode of political organisation that unites separate states or other polities within an overarching political system in a way that allows each to maintain it’s integrity. Femi Omotoso. The USA, Australia, Canada, Nigeria,etc are examples. George Anderson stated that there are more than 25 variants of federalism.
Fiscal Federalism
Fiscal Federalism is the division of governmental functions and financial relations among levels of government to solve problems efficiently through just distribution of income.
Decentralisation
Decentralization is a strategy of achieving sustainable development, democratic and participatory governance.
World Bank (1998): “The assignment of fiscal, political and administrative responsibilities to lower levels of government.” Transferring powers or functions from the national levels to any sub national level, regions, states or local governments.
Decentralisation
- Political
- Administrative
- Decentralisation
- Deconcentration
- Delegation
- Devolution
- Fiscal
- Market
- Privatisation
- Deregulation
Local Government
“Local Government is a political division of a nation or a state constituted by law and has control of local affairs, including the power to impose taxes or exact labour for prescribed purposes”. – (United Nations Office for Public Administration, UNOPA)
Local Government is recognised under the Constitution of the Federal Republic of Nigeria as a tier of government.
There are specific legislations on its existence, tax jurisdiction and responsibilities. However, in our oilcentric distributive federalism, all governments derive 80% of their budgets from a common national pool of oil revenue.
Nigerian Federalism is like a pyramid – Federal Apex, States below, Local Government at the base. Technically, LG is a Creation of the FG. There is nothing like ideal true federalism.
What is Local Government Autonomy?
Centre for Democratic Studies (now defunct) defines it as the relative discretion which local governments enjoy in regulating their own affairs, the extent to which local governments are free from the control of the State and Federal Governments in the management of local affairs.
Ben Nwabueze describes it as a situation where each government enjoys a separate existence and independence from the control of the other government or where each government is not constitutionally bound to accept dictation or directive from another.
The current discourse and NULGE agitation since 2001 is to redress the battery of legal, financial and legislative controls that have made local government neither local nor government.
Nigeria in retrospect
–
- Pre Colonial Societies had no strong centralised authority. The old Kingdoms of Oyo, Benin, Egba, Ijebu, Habe or Hausa City States, Nupe and the acephalous or stateless societies of the Middle Belt and South Eastern provinces, Tivs, Igalas, Jukuns, Igbos, Ijaws, Ibiobios, etc. are good examples.
- Power shared with chiefs, secret professional societies with defined functions. There was separation of power between the centre and provinces, between the Obas, Kingmakers and Chiefs.
- In the stateless societies, each village was relatively autonomous. Leadership was gerontocratic. Cooperation for defence existed between villages.
- The Fulani jihadists from Futa Djallon highlands in modern Senegal evolved a centralised form of government based on Islamic fundamentalism and feudalism.
Indirect rule introduced by British colonialists formed the basis of Nigeria’s federalism.
Amalgamation in 1914 was an ingenious”administocracy” which allowed the resources of the Southern Protectorate to bail out Northern Protectorate administration.
Lord Lugard 1910 wrote: “There was no desire to impose on the Nigerian people any theoretically suitable form of government but rather to evolve from their old institutions; based on their habits of thoughts, prestige and customs, the form of rule best suited to them and adapted to meet the new conditions. Pragmatic!
Going forward, there were series of constitutional development between 1922 and 1963.
1922 Clifford Constitution; 1946 Richards Constitution; 1954 MacPherson Constitution; 1960 Independence Constitution and 1963 Republican Constitution.
Since 1954 there were clear provisions for a federal system of government, parliamentary democracy and mixed economy. The Regions had considerable powers over resources and responsibilities in the Constitution vis a vis the Federal Government.
Local Government during the era of Regional Government 1951 to 1965
Reform started in the Eastern Region in 1950 with three tiers.
Western Region promulgated LG Law ofcourse1952 with three tiers – Division, District and Local Council. The West innovatively added an Inspectorate Division and a Local Government Service Board for service matters.
Traditional rulers control of the Native Authority radically reduced to 25%. The remaining 75% were directly or indirectly elected. In 1960, the West promulgated a law that abolished the powers of Councils to levy on Education rates thereby undermining Council autonomy and viability.
The Northern Region Native Authority law existed until the military took over in 1966. The Native Authority Police was functional in three regions until the Advent of the military in 1966.
Flaws
The Inherent Flaws of the Federal Constitutions
- Gave Emergency Powers to the Nigeria Federal Parliament. This was used to suspend the Government of the Western Region in 1964.
- The regional territories were artificially partitioned on administrative ground rather than linguistic, cultural, ethnic and economic grounds.
- The artificial regions were wrongly regarded by politicians as repository of “Original Sovereignty” rather than the people.
Emerging Post Independence Elites and the Centralisation of the Polity
The emergence of a class of elites after 1960 from the academics, Federal Public Service, and younger elements from the military saw the relatively decentralised federal structure as the source of post independence instability. Preference for a socialist order and a stronger dominant central government.
By 1966, Major Ademoyega in “Why we Struck” stated that the coup makers wanted to:
- Abolish the federal system;
- Reject extreme form of Capitalism;
- Abolish traditional institutions;
- Create a new Socialist Order.
Military over centralised power at the centre. Competition to control the centre had become “vicious, corrupt, politically and ethnically explosive.”
The Military altered the balance between the three arms of government, legislative, executive and judiciary.
Some responsibilities of the state and local governments were taken over by the Federal Government. E. g. Higher Education, Agricultural Marketing. Police and Prisons formerly in the Concurrent List were transferred to the Exclusive List.
Responsibilities in the Residual List such as Primary, Secondary Education, Basic Health Services, Town Planning and Urban Development were transferred to the Concurrent List.
Fiscal System which gave exclusive revenue from Our to Federal Government was introduced.
State Government revenues fell drastically.
1976 Local Government Reform: A Watershed
Variagated Local Governments System operated until 1976 when Obasanjo/YarAdua Administration inaugurated the Dasuki Refirm Committee. The Head of State observed: “Local governments have over the years suffered from the continuous whittling down of their powers. The State governments have continued to encroach upon what would normally have the exclusive preserve of local governments.”
The Unified local governments system was introduced Nationwide. Special Institutions were designated for the training if Local Government Staff… ABU, Zaria, OAU; OAU, Ile – Ife; UNN, Nsukka.
- Massive recruitment of qualified personnel;
- Constitutional recognition;
- Funding from the Federation Account
Elections were conducted into the Local governments which attracted high profile statesmen and technocrats e.g. Chief Adekunle Ajasin, Chief Bisi Onabanjo served as local government chairmen before they were subsequently elected governors.
Unfortunately, between 1976 and 1983 the civilian government thoroughly bastardised the local government system.
Since 1999, there have been:
- Demonisation of Local Government as bastion of corruption:
- Imposition of illegal and undemocratic contraption called Caretaker Committees;
- Agitation for delisting of Local Government from the Constitution;
- Fiscal banditry by State Government through diversion, misapplication and mismanagement of local government allocations;
- Hijacking of revenue powers of local governments;
- Rural underdevelopment and infrastructural deficit; and
- Increasing poverty.etc.
Local Governments nationwide are fiscally asphyxiated and administratively encumbered from delivering on their mandate.
Consequences of the current state
- Wide gap between the people at the grassroots and the unimpactful Local Government. The State has become main apparatus of theft.
- Researches reveal that the failure of governance at the Local Government level is largely responsible for criminal activities such as kidnapping, insurgency, banditry, cyber crimes, etc.
- Democratic ethos, development and political culture are being stifled at the grassroots by the State actors.
The National Assembly in May 2021 held consultations with Nigerians across the Six Geopolitical Zones on Constitutional Amendments. The Governors are waiting to frustrate the aspirations of Nigerians once again.
They believe only they can determine or define the common good. The Governor’s are like the modern day Romulus, the mythic founder of Rome, who killed his brother Remus in order not to share power. State Governments are violating widely shared norms of good governance.
How prepared are we for Local Government Autonomy?
Local Government Autonomy: Panacea to National Development. A look at the Agenda 2010 and National preparedness.
The Sustainable Development Goals (SDGs) was launched in September, 2015 with 17 Goals.
Multi – Stakeholder Approach needed for its implementation.
No sign of any preparedness by Local Governments or States to seize the unprecedented opportunities to contribute to global sustainability.
No networking with the Global Taskforce of Local and Regional Governments (GTF), development partners like UNDP and UN – Habitat for the “localisation” of the SDGs. Awareness raising is required.
Sustainable Development Goals
Eliminate poverty, Erase hunger, Good health and well-being, Provide quality education, Enforce gender equality, Improve clean water and sanitation, Grow affordable clean energy, Create decent work and economic creation, Increase industry, innovation and infrastructure, Reduce inequality, Mobilise sustainable cities and communities, Influence responsible consumption and production, Organise climate actions, Develop life below water, Advance life on land, Guarantee peace, justice and strong institution, Build partnership for the goals
Recommendation
- Mobilisation of financial resources is key.
- Training Modules already developed to help governments should be accessed.
- Peer Reviews and Exchanges are encouraged to end poverty and misery. We need to wake up before it is too late.
- Autonomy of Local Government rooted in Civic engagement of the people, empowered to determine, reform or replace policies for their common good is a sine qua non.
- A new political system that recognises our indigenous culture, philosophy, traditional constitutional system should be evolved.
- Local Government is the foundation on which other spheres are built. If the foundation be destroyed, what can the righteous do?
Recommendation
- The struggle for autonomy of local governments to address all illogicalities in Nigeria’s Federalism is a task for ALL not only NULGE.
- The Aberdeen Agenda: Commonwealth Principles on Good Practice for Democracy and Good Governance, 2005 will be a good compass.
- Constitutional and legal recognition for Local Governments;
- Ability of Local Governments to elect representatives;
- Partnerships, cooperation, significant decentralisation and mutual respect among spheres;
- Defined legislative framework in line with principle of subsidiarity;
- Opportunity to participate in local decision making. This requires vibrant NGOs/CBOs;
- Open Local Government – Accountability to communities. “Probity Watch” mechanism to frustrate corruption;
- Openness to scrutiny. This requires skilled councillors and articulate unionists not “Comeraid” and “Actthievist;”
- Inclusiveness: Governance to reflect community social, economic and cultural needs, the disadvantaged groups, women, People living with disabilities and minority;
- Adequate and eauita let resource allocation, independent and secured revenue base;
- Equitable service delivery – Balance between nationally set standards and locally set priorities;
- Continuous capacity building (officials, NGOs and politicians) is required to build strong local democracy and good governance.
Conclusion
Local Government Autonomy is a by product of Decentralisation, a strategy of development. Decentralisation should be seen as a fundamental political and economic issue rather than an administrative problem.
It involves power sharing between the citizens and officials. It is also constitutional. The Self Governance Model of Decentralisation supports organising and channeling popular collective choice and actions rather than imposing policy and solution from the centre. The poor divestment of power to Local Governments from the centre leads responsible people to shy away from Local Government. And man’s affection is drawn only in direction where power exists.
Thank you.
Dr Adedeji Oladipupo Akinwalere, a former National President of the Nigerian Union of Local Government Employees, NULGE, and a former Permanent Secretary in the Ondo State Civil Service, made this presentation at a national discourse on “Local Government System Autonomy as Panacea For National Security Development” held at the Olusegun Obasanjo Library, Abeokuta, Ogun State capital on Thursday June 17, 2021
