Constitutional Challenges of Creating New Local Government Areas in Nigeria

Jude Okafor

doi:10.5130/cjlg.v0i10.2692

Abstract

Local government is purposely established by law to provide grassroots development. In federal states, it is usually created by law of the federating units, and in unitary states it is created by central government. However, since the entrenchment of local government as a third-tier level of government in the 1979/1999 federal constitutions of Nigeria, there have been a lot of difficulties in creating new local governments. This paper examines the dynamics of this structure and the challenges posed to the orderly creation of new local government areas in Nigeria. The paper adopts secondary methods of data collection and analysis. It finds that the conflicting constitutional provisions which vest in the state and federal governments powers to create new local government areas have created many controversies in the polity. It recommends that the creation and statutory finance of local government councils in Nigeria should be expunged from the federal constitution.

Highlights

According to the United Nations Office for Public Administration (Ogunna 1996:1), local government is a political sub-division of a nation or a state, which is constituted by law and has substantial control of local affairs including the powers to impose taxes and work towards prescribed purposes
In Nigeria, local government is the third tier level of government and as stated in the Guidelines for Local Government Reform, 1976, it is a level of government exercised through representative councils established by law, with specific powers within defined areas
Extracts are given below: Extracts: Section.7, Constitution of the Federal Republic of Nigeria (1979 &1999) 7 (1) The System of local government by democratically elected local government councils is under this constitution guaranteed; and the Government of every state shall ensure their existence under a law which provides for the establishment, structure, composition, finance and functions of such councils

Summary

Introduction

According to the United Nations Office for Public Administration (Ogunna 1996:1), local government is a political sub-division of a nation or (in a federal system) a state, which is constituted by law and has substantial control of local affairs including the powers to impose taxes and work towards prescribed purposes. In Nigeria, local government is the third tier level of government and as stated in the Guidelines for Local Government Reform, 1976, it is a level of government exercised through representative councils established by law, with specific powers within defined areas. The Eastern Region in exercise of its power over local government under the Richards Constitution, embarked on the reformation of the Native Authority System in 1948 This resulted to the enactment of the Eastern Nigeria Local Government Law, 1950. Extracts are given below: Extracts: Section., Constitution of the Federal Republic of Nigeria (1979 &1999) 7 (1) The System of local government by democratically elected local government councils is under this constitution guaranteed; and the Government of every state shall ensure their existence under a law which provides for the establishment, structure, composition, finance and functions of such councils. This informed the decision of the Second Republic State Governors to increase the number of local government councils for selfish and political reasons

These contradictory provisions in the Constitution imply that

Conclusion and Recommendations