google.com, pub-3998556743903564, DIRECT, f08c47fec0942fa0 Supreme Court Ruling Casts Doubt On Local Government Autonomy In Federal System: A Disheartening Verdict

Supreme Court Ruling Casts Doubt On Local Government Autonomy In Federal System: A Disheartening Verdict

By Polycarp Onwubiko

Sadly, for years now there has been a groping in the dark on the running of local government councils in Nigeria due to the deliberate failure to acknowledge the inexorable principles of federal system of government as practiced the world over.

It is curious that the Supreme Court judges in 2016, could not demonstrate grasp of the principles of federal system of government hence its flawed judgment to grant administrative and financial autonomy to the local government councils. Ignorance is the worst thing that can happen in governance. Pride could not let the Supreme Court judges to invite lecturers in the department of political science to throw light on the position of local administration in a Federation.

 If the lecturers had been invited, the groping in the dark on local government matter could have been avoided. But the fact was that ethno religious factor played a subterranean part in the muddle in the local government matter. The military head of State who empaneled the infamous "1976 Dasuki local government council Reform" had covert ethnic agenda by making local government administration a THIRD TIER OF GOVERNMENT contrary to the practice of federal system of government as obtained in the First Republic. Of course the military regime knew that it violated the principles of federal system of government as obtained the world over.

It does not pay for the Federal Government to continue to deceive Nigerians on the issue of local administration. It should call a spade a spade by abolishing the monthly statutory allocation to the local government councils. The Statutory Revenue Allocation should be reviewed immediately with the state governments having over 70 percent of the monthly Statutory allocation so that they can address the ever dilapidation of road and railway infrastructure, security, health and agencies like motor license plate number production.

The humongous amount of monthly Statutory allocation to the northern part of the country have been a waste because the privileged political and traditional rulers have been making ducks and drakes with the local government councils funds. The selfish objective of the military head of State which created the third tier of government and went further to create surplus local government councils in the northern part of the country was to address the parlous state of education and health in the hinterlands but unfortunately the people have been denied the provision of education and health facilities that would have transformed the vast areas in the north.

President Tinubu should not indulge in the harassment of Governors to conduct local government council’s election or hearken to the ignoble call of some people who are not knowledge in the federal system of government to seize the monthly statutory allocation to the local government councils which are being channelled through the state governments.

In the illuminating and praise worthy Punch Editorial, February 29, 2024 captioned: "How to build effective local government system", the paper educated the Federal Government on the meaning of local administration in a federal system of government. It says inter alia:

"The major impediment to an effective local government system is Nigeria's flawed political system. The 1999 constitution goes against the tenets of federalism by legalizing local governments as the third tier of government. This is unwise and will not work.

"In other federal entities, local governments are under the control of sub national governments, and they create and maintain such as they seem fit.... Therefore, to build a virile local government system, the stakeholders, especially the National Assembly, which is amending the 1999 constitution should abrogate that provision that makes them the third tier of government.

"The new amendment should grant express powers over local governments to the federating units. When States fund their local governments without federal allocations, they will make them accountable and effective".

Comment:

Who will bell the cat, as it were? The BRAZEN-FACED ultra-conservative phalanx that have held down the socioeconomic and political growth and development of Nigeria cannot allow such civilized set-up to be practiced because of self-centered calculations to corner the Commonwealth of the country to their ethnic nationalities at the expense and detriment of the other ethnic nationalities crying for marginalization since the dumping of the realistic federal system of government in the Independence constitution later renamed 1963 Republican Constitution.

The contraption referred to as the 1999 constitution is self-serving to the “Fulani feudal oligarchy “which left other Nigerians with the impression that they would continue to dictate what goes on in the country. Fact remains that there is no other way to return the local administration to the State other than immediate Restructuring of the lopsided Federation to reinvent the principles of federal system of government as obtained in the First Republic.

To do this requires CONVOKING NATIONAL CONFERENCE of selected representatives of ethnic nationalities to fashion PEOPLE'S CONSTITUTION based on an agreement on how Nigerians can live together with equity, fairness and justice. It is arrant nonsense to hand over the fortunes of Nigerians to the so-called "Committee on Amendments to the 1999 constitution" which remains a barren exercise.

 

Polycarp Onwubiko, media commentator writes from Awka, Anambra State

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