By Okechukwu Onuegbu
Local Government Area (LGA) is among the
three recognised tiers of government as provided by the 1999 constitution of
federal republic of Nigeria as amended. Other tiers of government are States
and Federal government. There are 774 LGAs across 36 states and Federal Capital
Territory (FCT), Abuja.
Among the functions of Council Areas are to
make economic recommendations to the State; collection of taxes and fees; establishment
and maintenance of cemeteries, burial grounds and homes for the destitute or
infirm; establishment, maintenance and regulation of markets, motor parks and
public conveniences; construction and maintenance of roads, streets, drains and
other public highways, parks, and open spaces; and provision and maintenance of
public transportation and refuse disposal.
However, whereas Independent National
Electoral Commission (INEC) is charged with responsibilities of conducting
elections into the 36 states executive and legislative chambers including the
National Assembly and Federal Capital Territory (FCT) Council Area, states are
to replicate it for LGAs through their respective states independent electoral
commission (SIEC).
Another challenge seemed to be confronting
the LG administration is State/LG Joint Allocation Account (JAAC) which made it
impossible for the third tier of government to access funds accruing to them
from the Federation Allocation Account (FAAC) without passing through states. This
has led abuse to abuse of power.
Perhaps this contributes to delays in
conducting LG elections across the country. In the five Southeastern states, to
be specific, only Enugu, Abia and Ebonyi states have been conducting LG polls
for the past four years. Imo and Anambra states have not done so for the past
years. Imo state last held LG election into 27 council areas was conducted by
former governor Ihedi Ohakim some months to 2011 gubernatorial poll.
Rochas Okorocha, who succeeded Ohakim, in his
maiden state broadcast on Monday, June 6, 2011, dissolved the elected 27
council chairmen and 645 councillors. Okorocha said the dissolution was because
the “system is characterised with corruption and indiscipline”, assuring that “an
audit committee would be constituted to review the activities of all the local
governments.” But neither did he make public the audit report nor conduct
election into the third tiers of government till July 2018, when it conducted
an election whereby PDP, APGA and several political parties pulled out.
Like Okorocha, his successor, Governor Emeka
Ihedioha, less than one month in office sacked the council chairmen and their
councilors, saying it was in accordance with the provisions of sections 4, 5,
and 6 of the Local Government Administration Law 2019 (as amended) and S.73(3)
of the Imo State Local Government Administration Law No 15 of 2000 (as
amended). Ihedioha appointed interim executive or Transition Committee members
in their place.
In Anambra State, last LGA election was
conducted by former Governor Peter Obi on January 13, 2014, two months to end
of his 8-year term. Obi ran his administration with Transition Committee
Chairmen and members. In a similar vein, the incumbent governor Willie Obiano,
who took over from him on March 17, 2014 is either renewing or appointing
chairmen and members of Transition Committee after three months. The recent one
was done last week. Most if not all these TC officials are usually members of
their political parties. The effect is depriving interested persons
opportunities to either contest or support emergency of their candidates as
councilors and Chairmen.
There is no doubt that these and others
increased agitations from concerned citizens for the LG to be granted full autonomy.
This included the 1976 LG reform, which made local governments the third tier
of administration, the 1979, 1989 and 1999 reforms. Also, Nigeria Union of
Local Government Employees (NULGE), and civil society organisations is relentlessly
demanding for the abolition of state joint account and State Independent
Electoral Commission, SIEC.
NULGE National President, Ibrahim Khalil, at
a public function accused governors of emasculating and rendering the local
government system incapacitated, through interference and manipulation of SIEC
and the state local government joint account. But the LG Autonomy bill passed
by both chambers of National Assembly suffered set back as only 9 instead of 24
states house of assembly required to pass it did pass it into law.
Former Senate President, Bukola Saraki, who
spoke at the 40th anniversary of NULGE, regretted that the Bill suffers delay
noting that “The National Assembly fully appreciate the importance of
governance at local government level. Yes, it strengthens local government
administration, but more importantly it provides for governance that is
accountable, which is a prerequisite for sustainable development.
“One therefore reasons with the idea of local
councils having better proximity to the people, as their autonomy will in turn
better serve the grassroots and avail Nigerians of the much-desired dividends
of democracy. If we are to curb insecurity, provide jobs for our teeming youth
and boost economic activity through diversification, we must enable local
governments operate independent of the state and with their own budget and
levels of accountability.
“As I have stated on several occasions, it is
our joint responsibility to ensure that there is a symbiotic relationship
between the states and local governments if we are to prevent unwarranted
disadvantage to the third-tier government in Nigeria. A cordial and symbiotic
relationship between second and third-tier government will make possible the
necessary checks and balances that should further serve to deepen the fabric of
our democracy.”
Former President Olusegun Obasanjo had in
2018 described state governments still opposing the Local Government autonomy
Bill as enemies of the people at the grassroots. He said, "From what we
know, by design, most states have incapacitated the Local Government. They have
virtually stolen the Local Governments' money in what they called Joint
Account. They were to contribute 10 percent but they never contributed
anything. So, what we have across the country are Local Government Areas that
have functions, but cannot perform the functions. They have staff but most of
them cannot pay the staff and we keep getting excuses upon excuses.”
President Muhammadu Buhari, who on July 11,
2018 signed into law, operational guidelines of the Nigeria Fraud Intelligence
Unit (NFIU), recently urged states government to conduct LG elections,
insisting that his administration would on June 1, 2019 start paying LG
allocations directly to LG accounts. Reports confirmed that the federal
government marched its words to action by making the payments to LG as
promised.
The NFIU Bill is in line with the
requirements of Recommendation 29 of the Financial Action Task Force Standards
and Article 14 of the United Nations Convention Against Corruption which effectively
separated NFIU from EFCC under which it had been operating hitherto.
But speaking in an interview, Comrade Dede Uzor
A. Uzor, Chairman, Board of Trustee (BOT), Human Right, Liberty Access and Peace
Defenders Foundation (HURIJE), noted that respective South East government
decided not to conduct the statutory local council election because of endemic
corruption associated with the administration of local council areas and its
financial activities.
“Let us use Onitsha South as a case study.
Onitsha south receives an average of N200 million naira per month but the rate
of development in Onitsha south cannot be compare with the amount accruing to the
local council area. That's corruption sir. That's a serious threat to the
development of democracy and rule of law. It shows that they have been infected
with corruption virus. Yes, the federal government warn both the state and
local government over an intended violation, but since the state governments
who are infested with corruption virus
will not allow or respect our extant laws,” Uzor.
He, however, advocated for enactment of laws
to give local government autonomy outside an executive order implied by the
federal government.
Also affirming the needs to grant LG autonomy
and also conduct elections into the third tiers of government, the Chairman,
Ohanaeze Ndigbo Youth Wing, Mazi Chukwuma Okpalaezeukwu, said that granting LG
autonomy would enable division of labour to maximize impact, satisfy the
purpose and enhance efficacy.
“LGA autonomy is a necessity for maximization
of impact and efficacy of governance at all levels; LG, state and federal.
Conducting LG elections will help to reshape and develop the Southeast
geopolitical zone. The federal government should also be commended for paying
directly to LG accounts. The state house of assembly should pass laws including
the LGA autonomy because it is good to all,” he maintained.
On his part, Elder Eloka Okafor, a right activist, said "we are not comfortable with Anambra state government led by Chief
Willie Obiano for not making any efforts
to the best of our knowledge to have
elected LG council in place and this is shame to a state such as Anambra of all
people.
"This is testify to the fact that
they are not willing to deepen democracy and its practices in their domain.So
we are safe to say that their democracy credentials have question mark.But i
read lately that Imo governor promised to run elected council so we give him
space to fullfill that promise to Imo people unlike Anambra government that
battered whatever LG represent,unfortunately unchallenged even by the
oppostion. It is a pity
"I have never seen a state that makes sustainable progress
running on the template that Anambra runs on at the moment. It is sad. And to the country's
democracy,they have limited the democracy space in their states especially for
the young people.I call on the young people to really challenge these
shenanigans taking place at third tier of govt else they would realise soon
that we have entered a cycle of evil where every governor would want to run a
caretaker at third tier govt so as to enable him access to the LG slush fund.
"The constitution amendment of
relevant section especially section 7 must be pursued to logical conclusion .State
houses must not allow themselves to be manipulated by Governors against the
wishes of the people regards LG autonomy and consistent election. Meanwhile the guidelines by NFIU
to banks on finances of LG that took effect from 1st June 2019 is comendable
and i dare say its best policy of Buhari regime thus far! Also,FG should come all out to
deny allocation to state without elected LG council and they should make it
asuch that once forfeited ,they should
never receive such allocation again."
Eloka said that constitution amendment is the
way out, advising, that any state House of Assembly standing against the
passage of autonomy bill should be made to face EFCC search light on all the
members of that House.
"If FG can do that,i assure you,LG autonomy will be passed
with speed of light. 36 individuals can't hold over 200 million people to ransom
just because they are governors.i guess its time we dealt with this their
challenge. On the part of the citizens,section 110 of constitution
empowers them to recall any state House member whom they feel is not
representing them well,the issues of LG could be a good time to exercise the
provisions if that section," he maintained.
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Politics