Elected LGA Councils, A Norm At Last?

Since the return of democratic rule in 1999, Nigeria’s third tier of government, the local councils, consisting of 774 Local Government Areas (LGAs), has regressively slided into undemocratic governance, no thanks to the impunity of some state governors. At the moment, about 462 LGAs in 22 out of the 36 states of Nigeria are ruled by care-taker committees, apointed by state governors. Though in some states, the brief imposition of care-taker committees were fall-outs from political wranglings, some state governments however, made the jettisoning of democratically elected council governments as modus operandi. The worst record so far in this regard was that of Bauchi State which conducted no local government elections for 12 unbroken years, between 2008 and 2020. Apart from a brief council election in October, 2020, that allowed elected council officials till October, 2022, the state has since relapsed to the imposition of caretaker committees.
But if we go by the most current perpetration of the longest count of years of unbroken council rule by appointed committees, the ignominous title of the worst usurper of council authority goes to Anambra State, where since 10 years ago local government elections have never been held, and where Governor Charles Soludo further distabilises council administrations by having run eight tenures of transition committees just within two years. In Anambra, the last council elections held in November 2014 at the twilights of former Governor Peter Obi’s administration. Following Anambra state is Kwara, which held its last LGA elections in 2017, while Imo and Zamfara held theirs in 2018 and 2019, respectively. It appears however, that the dark clouds over Nigeria’s local government system is about to clear, going by the sudden flurry of electioneering preparations noticeable at the State Independent Electoral Commissions (SIECs) in no less than 13 states of the federation.
This new development is most welcome, considering that the restoration of democracy at the third tier of government would help to deepen the principles of democracy and accountability at the grassroots levels, with spiralling impacts to the higher levels.The new turn comes not without some push, though. Following a public interest litigation in suit: SC/CV/343/2024, filed by Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi (SAN), against the 36 states of the federation, the Supreme Court had declared in a landmark judgment that “A democratically elected local government is sacrosanct and non-negotiable,’’ and for state/LGAs joint accounts believed to be the conduit through which LGA funds were diverted, the judgment declared that, “In this case, since paying them through states has not worked, justice of this case demands that LGA allocations from the federation account should henceforth be paid directly to the LGAs,” to the effect that only democratically elected local government administrations should receive and manage funds meant for the local councils.
Following the new reality, some state houses of assembly have had to amend local government laws, albeit hurriedly, to pave way for council elections. In Anambra state, where the governor is being criticised for renaging on his pre-election promise of restoring grass-roots democracy within the first six months in office, Governor Soludo had swiftly secured amendments to the local government laws that enabled him constitute members of the Anambra State Independent Electoral Commission (ANSIEC), and at the swearing-in ceremony, declared somewhat cynically, “Ndi Anambra, here comes your ANSIEC Commissioners, I’ve done my job,” and to the newly sworn-in commissioners, “When you are done, announce to the people when you’ll hold elections.” Probably, the governor was not comfortable with a court judgment that had stopped federal allocations to his latest Local Government Transition Committees.
Aside Anambra, other states that have not conducted elections in a long while now show swift upswings in councils election preparations, with no less than 13 states fixing election dates. Whereas Anambra fixed September 28, 2024, Kwara and Imo had set September 21, 2024 as election dates, Kaduna and Kogi, October 19, 2024, while Katsina and Osun gear towards February, 2025.However, the hurry at which most council elections are now being pursued is raising a new form of worry in some who fear that the rush might compromise the credibility of the elections and undermine the envisaged benefits derivable from properly conducted council elections. Again, in Anambra where ANSIEC set barely a month timeline for elections, a public affairs analyst in the state, Mr Tony Okafor, while commending Governor Soludo for finally allowing the conduct of council elections, lamented that, “This short notice, coupled with the absence of comprehensive town hall meetings with stakeholders, may not provide sufficient time for adequate preparation, robust campaigning, and thorough voter education, thereby potentially compromising the integrity of the electoral process.”
Also a House of Representatives member, representing Ogbaru Federal Constituency, Hon. Afam Victor Ogene, said, “The newly imposed 30-day notice period for local government elections will lead to widespread disenfranchisement at the grassroots level. Within this truncated timeframe, it will be nearly impossible for stakeholders to conduct meaningful consultations, organise primary elections, secure funding, and prepare for the election without government support. This is a disservice to the people and a mockery of our democracy. By frustrating the enthronement of true democracy at the grassroots level, the government is mindlessly undermining the very essence of democratic practice.”However, there are speculations that the rush at the various states might be aimed at enabling unhindered flow of monthly federal allocations to councils, or fixing elected officials in place ahead of any impending National Assembly laws that might sweep away the powers of SIECs to conduct LGA elections.
Whatever the reason for the rushed council elections, and how so ever the officials emerge, one positive result is remarkably emerging, which is that, the era of elected council officials is now being guaranteed. With assured tenur periods, elected council officials who mean well and have the chatacter to deliver good governance to their constituency could now rely on formidable legal backings to do so.But while local government elections may most likely become regular henceforth, the total independence of the councils might still be a long-drawn battle ahead, considering that some fear that federal government’s move, to free the councils from the domineering clutches of state governments, might pave way for some central control over same councils, especially if federal laws emerge that move the powers of state assemblies and SIECs over the councils, to the federal.As Nigerians watch the swing in the pendulum of power over, or over to, the councils, it is becoming clearer that the business over council affairs would not be as usual.

By: Joseph Nwankwor