FOMIHA SPEAKS ON LOCAL GOVERNMENT AUTONOMY

By Dorcas Samson Achi 

The Supreme Court declared on Thursday 11th July, 2024 that it is unconstitutional for state governors to hold funds allocated for local government administrations. The seven-man panel, in the judgment delivered by Justice Emmanuel Agim, declared that the 774 local government councils in the country should manage their funds themselves.

The apex court held that the power of the government is portioned into three arms of government, the federal, the state and the local government and it further declared that a state government has no power to appoint a caretaker committee and a local government council is only recognisable with a democratically elected government.

The judgment held that the use of a caretaker committee amounts to the state government taking control of the local government and is in violation of the 1999 Constitution.

The Supreme Court Judgement on Local Government Autonomy has surged many reactions from different angles. Many have expressed hope that it will guarantee absolute financial independence of the Local Government while some doubt the possibility going by obvious realities.

Below are series of opinions of former Imo State Lawmakers regarding local government autonomy. FOMIHA has the following to say. 

Excerpts:

  Rt. Hon. Nnaemeka Mmaduagwu, a former Speaker, Imo State House of Assembly has this to say:

"In my humble opinion, the supreme court decision is against the principle of true federalism. It is also contrary to Section 7 and 8 of the constitution on the issue of local government administration and financing. I think the supreme court judgment is a pragmatic effort at solving the abuse of local government finance by the state governors, but it is a big blow on the issue of true federalism. We cannot be clamoring for restructuring, true federalism and a reduction of the powers of the federal government while at the same time applaud a decision that further increases the power of the federal government while reducing those of the states. I fully acknowledge that the state governors are emasculating the local governments but is the answer direct federal funding?. In my humble opinion the answer is no. Going by the constitution in my opinion, it is better the abuses of joint account by the states are checked if the office of the auditor general and the respective Houses of Assemblies leave up to expectations.  This can only be achieved when we start having proper elections. 

Finally, in my sincere opinion, the Supreme court judgement will not solve any problem in local government administration as the governors will circumvent it by appointing their cronies through sham elections. What I believe will solve Nigeria's problem of bad governance at all levels is proper electoral reform and giving back the people the right to choose and sack those who lead them. That should be the real fight".

 Rt. Hon. Godfrey Kemdi Dikeocha, a former Imo State House of Assembly Speaker stated thus:

"Even though the judgement of the supreme Court on LGA funds has to be accepted as a child of necessity to fill a yawning gap, it must be noted that there is a subsisting Superior Court of record judgement in Balogun Vs Lagos State that Local Governments are agents of the state government and not a federating unit. This judgement has till now not been set aside by any court including the supreme court. LGA autonomy will continue to be a mirage under its present constitutional framework!

Hon. Mike Iheanatu, a former House of Assembly Member for Aboh Mbaise Constituency expressed his thoughts below:

"Let us not deceive ourselves. The Supreme Court did not address the problem of the Local Government, nor did they resolve the quagmire shrouding the failure of the local government in  Nigeria. The issue of direct funding is sacrosanct considering the LGA as a third tier government by virtue of the Federation cliche . 

"The Supreme Court failed to acknowledge LGA as a Federation entity of the Nation by failing to address section 7 and 8 of the constitution which gives the State Houses of Assembly the right to make laws for the smooth running of the LGA [S. 7&8). With this, the State House of Assembly still has and reserves the mighty right to make laws for operation/finance/administration of the  LGA. This is the safe coven for the Houses of Assembly to take control of the LGAs. Asking federal Finance Ministry/AG to directly remit LGA fund to them is indirectly amended in section 7&8 of the constitution.  What they have done is to jump from the ground to the mound, pretending to be above the ground . 

"The system has only anticipated the production of powerful councillors and all mighty leader of council to be having a relationship with the Executive Governor and constant crisis in the LGAs. Welcome to testing testing the democracy echoes in the modern day Nija. I come in peace". 

Hon. Lawman Duruji, a former member for Ihitte Uboma Constituency said the following:

"There is nothing to applaud as far as Imo state is concerned. Recall that a few weeks ago, the House of Assembly clandestinely amended the local government administration laws to tie capital expenditure of the various local governments in the state to exco approval. "The Man" got himself prepared. He is not parting with a dime . Judgement or no judgement, Hope Uzodinma came prepared. Owu ya ka Aba na amuru okpo!Requiem for Imo!"

Hon. Dr. C. Iwuagwu said the following:

"What I am thinking is that the governors will now resort to making sure their surrogates occupy chairmanship positions in every LGA in their states with a view to still manage Local Government Allocations by proxy.  Whether they come into office by INEC or ISIEC, the new law will definitely entrap LGA chairmen who out of power-drunkeness pledge irredeemable commitments and alliances to their State Governors as they ultimately must face EFCC, ICPC alone by themselves".

Hon. C. C. Uba, a former Member for Ideato North Constituency in his words said that 

"The Supreme Court was not asked to REVIEW the constitution, or REFORM the local government administration in Nigeria. Lawyers would say, that the Court is not a Father Christmas.More than that, the Supreme Court has the Supreme Right to Interpret any Part of our constitution, no matter how one feels about it. They are infallible because they are final".

Hon. Ugochukwu Nzekwe, the president of FOMIHA and former Member for Nkwerre Constituency stated thus:

"For the Local Government Autonomy to be effective, there should be a total overhauling of the entire system where the principle of checks and balances apply, and the Judiciary, Executive and the Legislature carry out their functions effectively. 

"The supreme court judgement on LGA autonomy must be implemented for it to be productive. It has to be enforced. It is not enough to deliver judgement on LGA autonomy, strategic steps must be taken to ensure its implementation. 

 "Conduct of LGA elections must be credible, uncompromised, free and fair for the country to achieve absolute LGA autonomy. This will make it possible for elections to be won through the ballot than through appointments at the grassroot level. 

"If INEC conducts LGA elections in Nigeria, it can help different parties to win but even at that some state governors can still use their executive power to influence members of the Assembly to suspend elected Local Government Chairmen using corrupt judges. 

"The judiciary should be strengthen and made independent so that the implementation of this autonomy can be possible especially during post election litigations".