A Senior Advocate of Nigeria, Mohammed Ndarani, has emphasized the need for constitutional reform to ensure local government autonomy. According to Ndarani, the 1999 Constitution has failed to guarantee financial and administrative independence for local governments due to state governments’ undue control. In an interview with the News Agency of Nigeria, Ndarani stated that despite constitutional provisions, local governments struggle to function effectively due to consistent state interference and manipulation.
The Supreme Court’s landmark judgment on July 14, 2024, affirming the financial and administrative independence of local governments, has been welcomed by Ndarani. However, he notes that the implementation of this judgment is practically impossible with the current constitutional provisions. Ndarani argues that a deliberate constitutional adjustment is necessary to ensure direct allocation of funds to local governments.
The current constitutional provision, Section 162 (6)-(8), sets up the State Joint Local Government Account, which renders local government autonomy ineffective. Ndarani suggests that this section should be amended to guarantee direct funding to local governments, ensuring accountability from local government chairmen. He emphasizes that the existence of local governments is to ensure development reaches the grassroots and that rural communities feel the impact of governance.
Ndarani attributes the hijack of local government funds by state governors to the Federal Government’s institution of a suit that led to the financial autonomy of local governments. However, he notes that the joint account between councils and state governments has rendered local governments sterile, forcing them to rely on state governments for funding. This has emasculated local governments from Nigeria’s development mainstream, leaving rural populations wondering if they are part of the country.
To address this issue, Ndarani advises amending Section 7 of the Constitution to guarantee full political and financial autonomy of local governments. He suggests that direct allocation of funds from the Federation Account to local government accounts would compel local governments to account for funds more responsibly, leading to development and inclusive participation. Ultimately, Ndarani believes that constitutional reform is the only lasting solution to the plight of local government councils, ensuring they can function effectively and independently.
