A Jurisprudential Overview of the Legal Obstacles to the Creation of New Local Governments in Nigeria Since 1999*

Onyemaechi Joseph Onwe ,Benjamin O Igwenyi ,Nnamdi P Ben-Igwenyi

doi:10.7176/jlpg/90-03

Abstract

Local Governments constitute the last level of government in all countries where they exist and form the link between the grassroot, the State Governments (Regional) and the Federal Government (Central). A properly managed Local Government system will bring development to the rural areas of the country, train up-coming politicians for participating in national politics and create jobs for the young and the old. Local Governments had existed in Nigeria before colonialism and had continued to be after independence in 1960 where each Region adopted her own system of Local Government until 1976 when the Federal Military Government decreed Unified Local Government System in the whole country. The Constitution of the Federal Republic of Nigeria, 1979 adopted Unified Local Government System in section 7 of the Constitution just as the 1999 Constitution in section 8 provided for very stringent procedure for the creation of Local Governments amongst other obnoxious provisions which have made nonsense of the possibility of creating new Local Governments in the country. This paper argues that looking at what obtains in established democracies such as U.S.A, Brazil, India etc; that time has come for the obstacles stopping the creation of new Local Government Areas in Nigeria to be removed from the Constitution to allow this important level of government to be multiplied in the country for expanded and even development of the nation. Keywords: Local government, obstacles, constitutional amendments, creation, even development. DOI : 10.7176/JLPG/90-03 Publication date :October 31 st 2019

Highlights

Introduction LocalGovernments constitute the last level of government in all countries where they exist and form the link between the grassroot, the State Governments (Regional) and the Federal Government (Central)
The Constitution of the Federal Republic of Nigeria, 1979 adopted Unified Local Government System in section 7 of the Constitution just as the 1999 Constitution which in section 8 provided for very stringent procedure for the creation of Local Governments amongst other obnoxious provisions which have made nonsense of the possibility of creating new Local Governments
It has been referred to as “Native Authority”, “County Council”, “Divisional Council” and “District Council” to mention but few from different parts of the country. This requires long story to be told but since the purport of this paper is to find solutions to the bottlenecks militating against the creation of new local governments in Nigeria, we shall be brief to the point

Summary

Introduction

Introduction LocalGovernments constitute the last level of government in all countries where they exist and form the link between the grassroot, the State Governments (Regional) and the Federal Government (Central).

Results

Conclusion