Abstract
Abstract Nigeria struggles to establish and sustain cooperative, interdependent state-local intergovernmental relations (IGR) by providing for the powers and rights of local governments in the federal constitution. Despite the provisions, the practice of state-local IGR has remained inclusive, hierarchical, dependent and competitive. This paper investigates the extent to which constitutional provisions determine state-local relations as against the macrostructure of intergovernmental relations between the federal government and states. The authors argue that it is difficult to expect a cooperative, interdependent, state-local IGR through constitutional provisions of the powers and rights of local governments, if the federal-state relations, which should be the determining framework of IGR is inclusive, hierarchical and dependent. The paper suggests that the lower forms of IGR in a federation (e.g. the state-local IGR), largely depend on the super-structure, which is that between the federal government and the lower tiers. The implication is that the level of autonomy enjoyed by local governments largely depends on the level of autonomy the states themselves enjoy.
Highlights
This paper investigates the factors that determine state-local relations in Nigeria
Key questions that are fundamental to the research include: (1) Does constitutionalisation of the powers of local government in a federation determine a healthy intergovernmental relations (IGR) that is based on respect for each tier of government and mutual cooperation, especially among states/provinces/regions and their local governments?(2) With particular reference to Nigeria, why has constitutionalism of local governments’ rights and powers since 1979not been able to guarantee effective, cooperative and interdependent IGR between the states and their local governments?(3) what factors determine and define the model of state-local IGR in Nigeria? This study attempts to provide answers to these interconnected questions
In the second republic (1979 to 1983) and the present fourth republic (1999 to date), states have exhibited immense legal maneuver and rascality in subjecting the Local Government Councils (LGCs) to their whims and caprices, regarding them as part of their political sub-units. This significantly affects the outcome of IGR between the two tiers of government, making it inclusive, dependent and hierarchical, despite the constitutional provisions for autonomous third tier (LGCs).We have examined this problem below in three key areas: unilateral creation of local governments, interference with LG funding, and the distortions of functions allocated to local governments even in issues of basic administrative roles such as personnel concerns
Summary
This paper investigates the factors that determine state-local relations in Nigeria. The objective is to examine the extent to which constitutionalisation of local government as a third tier government has or has not helped to ensure cooperative and interdependent state-local relations. 1) defines local government as Government at local level exercised through representative councils established by law to exercise specific powers defined in areas These powers should give the council substantial control over local affairs as well as the staff and institutional and financial power to initiate and direct the provision of services and to determine and implement projects so as to complement the activities of the state and federal government in their areas, and to ensure, through devolution of functions to these councils and through the active participation of the people and their traditional institutions, that local initiative and responses to local need and conditions are maximised. It appears that constitutionalism may not be a proven strategy to defining and determining the nature and model of IGR practiced within federations In this guise, this study seeks to examine the relevant factors that define state-local IGR in Nigeria and similar political environment where emphasis seems to be placed on constitutional engineering. The paper is organised in six sections: the introduction, the conceptual framework on models and determinants of intergovernmental relations, the framework for IGR in Nigeria, nature of state-local intergovernmental relations in Nigeria, determinants of state-local IGR in Nigeria, and the Conclusion
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