The Speaker of the House of Representatives, Hon. Tajudeen Abbas, hit the bull’s eye when he advocated the urgent need for reform of local government administration in Nigeria. The speaker’s advocacy is, indeed, inevitable to cure the controversy arising from the recent Supreme Court ruling that granted financial autonomy to local governments across the country.
Speaking in Abuja on Monday while declaring open a national dialogue on local government and constitution amendment, Abbas said series of consultations to harness citizens’ views and preferences in our efforts at having a truly peoples’ constitution in Nigeria were ongoing.
He said, “Today’s dialogue focuses on a critical aspect of our governance structure: the local government system. Local governments are often referred to as the closest tier of government to the people. They play an essential role in delivering services, fostering community development, and ensuring that citizens’ voices are heard at all levels of governance.
“However, for local governments to fulfil these roles effectively, they must operate with a degree of autonomy that allows them to respond promptly and appropriately to the unique needs of their communities”. The speaker noted that, sadly, despite the noble intentions of the drafters of our constitution in instituting the local government system, it is evident that there are significant challenges that hinder their effectiveness.
While earlier welcoming participants to the event, Deputy Speaker Benjamin Kalu emphasised the need for a coordinated effort among stakeholders to achieve meaningful reform in Nigeria’s local government system.
Kalu, in the address delivered on his behalf by the Majority Leader of the House, Professor Julius Ihonvbere, noted that local governments play a crucial role in delivering essential services, promoting inclusion, and enhancing democratic participation.
He said: “Today, we convene not only to discuss a critical aspect of governance but also to reaffirm our collective commitment to advancing democratic principles and sustainable development at the grassroots level.
“This convening exemplifies the importance of collaboration and
dialogue in addressing national challenges. Local governments, as the closest tier of government to our citizens, are pivotal in ensuring the delivery of essential services, ensuring inclusion, and enhancing democratic participation”.
The apex court had in July delivered a landmark judgement that restrained local councils run by unelected officials from receiving federal allocations. The court further empowered the accountant-general of the federation to bypass state governments and disburse monthly federal allocations directly to the local governments, rendering the state and local government joint accounts ineffective.
The ruling sparked debate among Nigerians including legal luminaries, lawmakers and other stakeholders in the Nigeria project bordering on its propriety and conflict with the Constitution of the Federal Republic of Nigeria 1999 (as amended). Some pundits even describe the decision as a constitutional aberration, putting the cart before the horse as well as not implementable.
Mark Esset, member, representing Uyo federal constituency at the House of Representatives, argued that “joint account” is a creation of the Nigerian constitution and, therefore, cannot be abolished unless through a constitutional amendment.
The lawmaker expressed reservations about the Supreme Court judgement in Uyo, Akwa Ibom state, on Friday at a symposium organised by the Federated Chapel of the Nigeria Union of Journalists, Akwa Ibom State Council.
Mr Esset was the chairperson of the event themed “A Conversation on Local Government Autonomy.” The event featured a panel of discussants composed of former federal lawmaker, Onofiok Luke, a legal practitioner, Ekemini Udim, a former chairperson of Ikono local government area of Akwa Ibom state, Itoro Columba, and the state police spokesperson, Timfon John.
In his opening remarks, the Chairperson of the Federated Chapel, Nsibiet John, told the guests that the theme was conceived to interrogate the local government autonomy and deliberate via panel discussion if the Supreme Court ruling conflicts with the letters of the Nigerian Constitution.
Mr John, the publisher of the Ink newspaper, expressed concerns that the court granted financial autonomy without administrative autonomy, which could lead to a clash, and called for a holistic approach to local government autonomy.
In his remark at the event, Mr Esset told the people that he was speaking from a position of experience, having served first as a council chairperson of Nsit Atai local government and later as a member of the Akwa Ibom State House of Assembly, where he chaired local government and chieftaincy affairs committee.
Mr Esset said the judgment does not grant full autonomy to local governments as the state governments and the state houses of assembly are bound under Section 7 of the constitution to legislate and provide a roadmap for the effectiveness and functioning of the local governments.
He pointed out that the concept of the joint account concerning local governments’ finances is addressed in Section 162 of the 1999 Constitution as it applies to the management of financial resources between the federal, state, and local governments.
He said for the judgment to be impactful, the constitution must be amended to conform to it (the judgment), a development, he noted, was an anomaly, and that the Supreme Court put the cart before the horse in the judgment.
It is on the backdrop of the constitutional crisis created by the Supreme Court judgement granting financial autonomy to local governments that Blueprint views the call for local government reforms as pertinent. However, we appeal to all concerned parties to respect the ruling by implementing it religiously, irrespective of whether it is in conflict with constitutional provisions or not.
As a matter of fact, the apex court is vested with the power to give effect to the letters and spirit of the constitution and, indeed, any other law of the land. In exercising this power – interpreting the constitution and other laws – the court inadvertently makes laws, which are not only binding but also have the full legal force like the laws passed by the legislature.