LOCAL GOVERNMENT AUTONOMY: CDHR CHARGES STATES TO EXPEDITE CONDUCT OF ELECTIONS, SUES LOCAL GOVERNMENT COUNCILS ON GRASSROOTS DEVELOPMENT
Section 7 of the Constitution of the Federal Republic of Nigeria 1999, provides for democratically elected Local Government Councils. Section 162 of the Constitution is to the effect that funds in the Federation Account shall be distributable amongst and allocated to the Federal, States, and Local Governments. The 4th Schedule to the Constitution provides for the functions of local governments.
Drawing inspiration from these extant constitutional provisions and considering the apparent violations by State Governments, the Hon. Attorney General of the Federation filed a suit before the Supreme Court, invoking its original jurisdiction on behalf of the Local Governments. The Supreme Court held in favour of the Claimants.
The combined effects of the constitutional provisions and the decision of the Supreme Court lay and consolidate the foundation for functional and financial autonomy of local governments in Nigeria.
Following the Supreme Court decision, the Federal Government and State Governors agreed to a three-month moratorium to give full effect and enforcement on local government autonomy. This was due to issues concerning salary payments, operational viability, and modalities to work out frameworks on the apex court verdict. This new development means that Local Governments may wait till October before the implementation of the law in the direct payment into their respective accounts.
Recall that a few weeks ago, the apex court delivered a landmark judgment on 11th of July affirming the financial autonomy of the 774 Local governments in the country and ruled that governors could no longer control funds meant for the councils.The apex court also directed the Accountant-General of the Federation to pay Local Government allocations directly to their accounts, as it declared the non-remittance of funds by the 36 states unconstitutional.
In line with the above, the Committee for the Defence of Human Rights (CDHR) has hailed the new development regarding the local government autonomy during its NEC meeting held on 17th August. The organisation reacted to this new development between the federal and the state governors, reaching a three-month moratorium to implement the supreme court verdict. The 90 days time line will give the state ample opportunity to put the necessary machineries in place for the smoth running of the third tier of the government in line with the verdict of the court.
CDHR commends the Attorney General of the Federation for taking the bold step towards the restructuring of the third tier of government. The organisation charges the 36 state governors and the FCT administration to use the golden opportunity to work out necessary frameworks that will aid smooth running of the local governments: set up electoral commissions, conduct credible elections and inaugurate the successful candidates accordingly ahead of the 90 days time line. The organisation warns against activities that may jeopardize the realisation of the intended outcomes.
CDHR also enjoined Local Government Councils to focus on grassroots development and to continually enhance the welfare and security of lives and property of citizens in the grassroots. CDHR sued the Council on the need for transparent administration, accountability, and good governance with the participation of the people.
CDHR further charges Local Governments on the need to focus on the economic, social, and cultural rights of the people. The Organization called on the Councils to direct their policies, programs, and resources on agricultural development, food security, rural development, primary healthcare, sanitation, education, economic empowerment, employment, and security.
E-Signed:
Comrade Debo Adeniran,
National President CDHR Nigeria.
Comrade Idris Afees Olayinka,
National Publicity Secretary CDHR Nigeria.