Making Councils Effective Through Better Laws

Local government councils have very great roles to play  in federations. In the Nigerian Federation, the role of Local government councils cannot be over-emphasised. Local governments form the third tier of government and decidedly, the one that is closest to the people.

However, the role of the local councils has been whittled down since 1999 when the constitution made provision for State Local Government Joint Account.

Section 162 Subsection 6 of the 1999 constitution of the Federal Republic of Nigeria States, “Each state shall maintain a special account to be called, ‘State Joint Local Government Account,” which is expected to hold all allocations from the Federation Account to the local governments of the state.

The provision was intended to streamline the funding of councils, but it degenerated to the loss of autonomy by the local councils. In some states, the councils have become their appendages scarcely doing enough to justify their existence, while in some other states, large chunk of local council revenue has been embezzled by state governors.

Pathetically, LG funds have been subjected to a helluva deductions by state governments thereby weakening the council’s abilities to perform effectively.

Two months ago, opposition parties in Niger State alleged that the state government had misused N217.16bn belonging to the 25 local councils in the state. In Jigawa State it was alleged that the 27 local councils in the state received only N10million monthly, while the state government had the discretion to use the rest of the allocation as it liked.

Speaking with The Tide, a human right lawyer, Douglas Nmah Esq, called for the repeal of section 162 (6) of the 1999 Constitution (supra) and noted that it it wrecked hardship on the local governments.

Nmah said that local councils were expected to bring development to the grassroots, but with the joint account, councils were performing abysmally. According to him, “decentralisation brings about development.” He stated that the 1976 Local Government Reform had made the councils more vibrant as a third tier of government but regretted that LG councils had become a shadow of their glorious past.

The human right lawyer remarked that if Nigerians wanted the Local Governments to function well, it was high time the controversial section of the 1999 constitution was repealed.

He said concentration of powers in the state did not make for rapid and even development of the federation, and noted that in developed democracies local councils contributed greatly.

He called upon the National Assembly to expedite action in repealing section 162 (6) of the 1999 constitution (Supra).

He said that in many states the funds of local councils were squandered by state governments, and pointed out the Economic and Financial Crimes Commission was investigating the misappropriation of local government funds by state governments.

The  legal practitioner remarked that until the controversial section 162(6) of the 1999 constitution was repealed, development at the grassroots would be a moonshine.

Also speaking, another Port Harcourt-based lawyer and social crusader, Chijoke Agi Esq, called on the National Assembly to fastrack the repeal of section 162 (6) of the constitution (Supra).

He noted that local councils would not be able to carry out their obligations unless funds were made available to them.

Mr Agi pointed out that there were 774 local governments in the Nigerian Federation, but little or no impact had been felt in terms of the development of the grassroots.

He recalled that before 2001, there had been competition among local councils in various states of the federation and regretted that such competition had gone with the wind. He stated that in Ogun State, report had it that when the chairman  of Ijebu Local Governemnt Complained that the state government was misusing local governments allocation, he was promptly removed.

He said that state government had abused the State-Local Governments Joints Account and made local councils inconsequential. He attributed  failure of infrastructural development at the grassroots to the misuse of council funds by state governments.

Mr. Agi noted that unless local councils were given the necessary autonomy the third tier of government would continue to perform abysmally.

According to him, “local councils receive 20.6 per cent of revenue from the Federation Account which ordinary should put them on sound financial footing to develop the grassroot but the rape of Local government funds by states has brought so much hardship to the third tier of government. If the nation  intends to develop fast, the repeal of the section 162(6) of the 1999 constitution (Supra) is a key.”

The Port Harcourt-based legal practitioner expressed regrets that state governments were not making do with the 26.72 per cent allocation from the Federation Account.

He said that state should be able to concentrate on their own allocation and deliver dividends of democracy instead of tampering with LG funds.

He, however, commended the Rivers State Government for not tampering with LG funds.

Another lawyer who spoke with The Tide, Osita Okorie, said the National Assembly must review the provision dealing with State-Local Government Joint Account so that the councils would work.

Mr. Okorie noted that the dissolution of the LG executives in 2001, gave impetus to the state governments to take over the control of the local councils. According to him, “States are not doing well with what they get from the Federation Account consequently saddling them with additional responsibility of managing LG funds will worsen the spate of corruption in the country. What we hear is embezzlement and stashing away of funds in foreign countries. Former state governors are being prosecuted for their handling of LG funds. If we want to develop as a nation, there must be devolution of powers. The vesting of so much powers in a particular tier of government will lead to a rather slow pace of development.”

Mr. Okorie, who is based in Owerri said that time had come for section (162) (6) of the 1999 constitution to be reviewed. “Funds due to the LGs from the Federation Account should be paid directly to the local councils,” he stated.

He stressed that if LGs were to do well they should have reasonable autonomy instead of relying on the whims and caprices of state chief executives.

The lawyer flayed the state governors for what he described as wanton cupidity.

Chidi Enyie