Local Government Autonomy In Nigeria And The Legal Implications

Abstract

The local government is designated as a third-tier government in section 7 of the 1999 Constitution, but regrettably, the state government has been granted authority over its makeup, creation, structure, finances, and even control. The state government create the numerous local government legislation that control the local governments through their Houses of Assembly.  In addition, the state chooses her tenure and, to some extent, the amount of appropriations from the Federation account that are sent to them through the State Joint Local Government Account. Because of this, the local government effectively becomes a branch of the state government. Many people think that in order for local governments to operate efficiently and effectively, they must have both functional and budgetary autonomy. Others contend that local governments only require a minimal amount of checks and controls as things are and that ultimate autonomy does not exist anywhere in the globe. Most of the time, the Federal, States, and their Assemblies dominate local government through their supervisory   roles and the holding of the release of their funds. Numerous governments and well-intentioned Nigerians have persisted in calling for the autonomy of local governments. The National Assembly recently adopted the same, and the 2014 Constitutional Conference mentioned it in several of its proposals that were never implemented. The National Assembly's attempt to change the constitution to grant local governments the aforementioned necessary autonomy is currently being examined and supported by the states. It is expected that this autonomy will one day come to light amid control and struggle.