Federalism, Constitutionalism, and Local Government Autonomy in Nigeria

Okey Marcellus Ikeanyibe

doi:10.5901/mjss.2016.v7n3s1p383

Abstract

Many studies that have attempted to address the problem of poor performance of local governments in Nigeria offer various reasons including the issue of lack of democracy and autonomy. Yet constitutionalisation of local government or the so called third tier status of local government is meant to at least solve the problem of democracy and autonomy. Extant studies have largely failed to probe why state governments persistently failed to respect constitutional provisions on local government autonomy. This study therefore investigates the reason for the divergence between constitutionalisation of local government and the actual practice. The research finds that the constitutionalisation of local government in Nigeria masks the subtle contest for control of the local government system by the federal and state governments. In other words, the major reason that determines the actual practice of local government in Nigeria has to do with the centripetal federal and centrifugal state forces in the ongoing process of defining the Nigerian federalism. The objective of the study is to show that the unwillingness of most state governments to adhere to the constitutional provisions on establishing democratically elected, freestanding Councils is a fundamental problem about defining Nigeria’s federalism. DOI: 10.5901/mjss.2016.v7n3s1p383

Highlights

It is rather paradoxical that the foundation for a democratic, freestanding, autonomous local government system in the Nigerian federation was laid by the Military, a form of government usually noted for undemocratic rule
While the various Military governments in Nigeria were accused of distorting the federal balance in favour of the central government, it is ironical that most of these Military regimes gave considerable attention to decentralisation through local governments, local democracy and autonomy
The objective of the study is to show that the unwillingness of most state governments to adhere to the constitutional provisions on establishing democratically elected freestanding Councils is a fundamental issue about defining Nigeria’s federalism

Summary

Introduction

It is rather paradoxical that the foundation for a democratic, freestanding, autonomous local government system in the Nigerian federation was laid by the Military, a form of government usually noted for undemocratic rule. Local government should enjoy substantial autonomy to perform array of functions, plan, formulate and execute its own policies, programmes and projects, and its own rules and regulations as deemed for its local needs This autonomy includes power to control its finance, recruit and discipline its staff the extent of realizing these intentions, which was later transcribed into the 1979 Constitution and subsequent editions of the Nigerian Constitution, is generally agreed to be very low (Adeyemo, 2005; Ikeanyibe, 2008; Ighodalo, 2008; Asaju, 2010; Oviasuyi, Idada and Isiraojie, 2010). Ikeanyibe (2008) observes that the constitutional recognition or the third tier status leads to inflexibility that constrains dynamism and adaptability necessary for effective local government; Ojo (2009) points to the problem of poor management and corruption Most of these studies underscore the issue of lack of autonomy and local democracy.

Models of Federalism

Constitutionalisation and Divergence of Local Government Practice in Nigeria

Concluding Remarks