Local Government

The Local Government is regarded as the third level of government. This is because they exercise all the powers of government, especially that of the Legislature and Executive. It was in the 1979 Constitution that local governments were given a distinct character in the Nigerian Constitution. Prior to that, local government reforms were undertaken by the Military government under the guidelines for local government reforms of 1976.

Meaning

There is no widely accepted definition of the concept of Local Government. However, there exist some definitions which would be looked at hereunder: According to the United Nations division of Public Administration, it is a political subdivision of a nation or in a federal system, a State which is constituted by law and has substantial control of local affairs, including the power to impose taxes or exact labour for prescribed purposes. To G. O. Orewa, it is the lowest unit of Administration whose laws and regulations are binding on the communities who live in a defined geographical area with common social and political ties. According to the 1976 Local government reforms, it is government at local level exercised through representative councils established by law to exercise powers within defined areas.

Justification and basis

Local governments have become a necessity because despite the extent to which modern governments have been able to widen their scale of operations, there are still certain things needs which are of direct concern to particular localities and are best dealt with locally. In agreeing with this, R. O. F. Ola believes that the principal justification for the existence of local governments, is the presumed superior capacity of local people to understand and conduct their local affairs. Whatever the justification, there is no doubt that local governments have become permanent phenomenal in modern governance.

Classification

Jeffrey Starter has identified two major types of Local governments. They are Primary local governments and Secondary Local governments.

The Primary local government exists whenever the members of the authority or body corporate are directly elected by the people of the area itself under a system of elections that is counted as free and fair by the people. Examples of this type of Local Government can be found in Nigeria and South Africa. See items 11 & 12 of the Concurrent list.

The Secondary form of Local government consists of authorities with independent power of decision making and power of taxation who are directly elected by members of the primary authorities. They are basically responsible for one public service. This type exists in the United Kingdom.

Purpose of local governments in society

There are various theses and schools of thought on the role and purpose of local governments in society. There are those who believe it exists only for the purpose of bringing about democracy and to provide opportunities for political participation and socialization. Another school believes it exists to provide services and it must be judged by its success. To Michael Jones, local governments exist to act as an agency of the other levels of government for the execution of certain objectives. There is finally the group which believes that Local governments exist in order to help achieve National integration, evolution and consciousness.

Establishment of local governments

Section 7(1) of the 1999 constitution guarantees the establishment of democratically elected local governments. Their establishment, structure and composition, finance and functions are to be promulgated upon by the State Houses of Assembly. Note, however, that the minimum number of Local governments had been predetermined by the Constitution in the First Schedule.

The case of Akan v AG Cross Rivers State dealt with the provision of section 7(1) where the Governor of the State had dissolved all the local government councils in the State and replaced them with caretaker committees. This was challenged at Court. The Court held that such an act was in conflict with section 7(1) of the 1979 constitution and thus void. In Akinpelu v AG Oyo State, the learned trial Judge explicitly stated thus: " a fortiori, the setting up of a Caretaker committee to replace a democratically elected Council is clearly unconstitutional, illegal and ultra vires...". Also see Balogun v AG Lagos State where the Court construed the provision of section 7(1). The case of Etim Akpan & Ors v Hon. Peter Umah & Ors also stood to show that the creation of a caretaker committee in place of a democratically elected council is void ab initio based on the provision of section 7(1).

Creation of new local government areas

The House of Assembly had the authority to create new local government areas under the provisions of section 8(3) of the 1999 constitution. It provides:

A bill for a Law of a House of Assembly for the purpose of creating a new local government area shall only be passed if a request supported by at least two-thirds majority of members (representing the area demanding the creation of the new local government area) in each of the following, namely - the House of Assembly in respect of the area, and the local government councils in respect of the area, is received by the House of Assembly; a proposal for the creation of the local government area is thereafter approved in a referendum by at least two-thirds majority of the people of the local government area where the demand for the proposed local government area originated; the result of the referendum is then approved by a simple majority of the members in each local government council in a majority of all the local government councils in the State; and the result of the referendum is approved by a resolution passed by two-thirds majority of members of the House of Assembly.

After the Local government has been created, the National Assembly then makes necessary adjustments in Part I and II of the First schedule to the Constitution. The Functions of the Local government are basically set out in the Fourth Schedule to the Constitution. See the case of Knight Frank and Rutley (Nig.) Ltd v AG Kano State where the court stated the fact that the State government cannot encroach on constitutionally delimited functions of the Local Government.

Qualification, disqualification, election, removal

It should be noted before we delve into this sub-topic, that although the 1999 Constitution does not expressly provide for these fields within the sphere of the Local government, there exist certain provisions which touch these areas made pursuant to the provisions of the 1999 Constitution. The most notorious which would be used here is the Lagos State law on Local Government.

1. Qualification and disqualification

This relates to the office of a Chairman and Vice Chairman of the Local Government Council, both of whom must be Nigerian and at least 25 years of Age. Section 14 of the Lagos State law further adds that such a candidate must be educated up to at least School Certificate level or its equivalent and must be a member of a Political Party which must sponsor him. A Candidate for either of the offices is disqualified on the same basis as a member of the House of Assembly of a state under section 289 of the 1999 constitution.

2. Elections

Provisions were made for rules relating to election which was to be conducted by the National Electoral Commission and which was contrary to the principles of Federalism. A Vice Chairman was considered duly elected once the Chairman wins the election.

3. Removal

The Lagos State law on Local Government provides in section 24 the process for the removal of both the Chairman and Vice Chairman where he acts in such a way as to amount to "misconduct" in the performance of the function of his office. See section 24 of the Lagos State Local Government law to see the full procedure.

Supervisory councilors

Section 29 of the Lagos State Local Government law makes provisions for the appointment of not less than three and not more than five supervisory councilors to be appointed from among the elected councilors. The law further states that such appointment must be sponsored by a political party and must be confirmed by the council and if the person no nominated is an elected councilor, he is deemed to have resigned his seat if he takes the oath of the office of a Supervisory councilor.

Section 34 of the Lagos State Local Government law provides that it is mandatory that specific functions be assigned to the Vice Chairman and the Chairman shall discretionally assign to any supervisory councilor, responsibilities for any business of the local government.

The Law in section 14 also provides for the election of one councilor for each ward in the local government area with qualifications similar to that of the Chairman and Vice Chairman.

Section 39 of the Law speaks on the legislative powers of the Local Government council. This power is exercisable by the passing of bye laws which must be assented to by the Chairman within thirty days. If not assented to, it can be passed into law by a two thirds majority of the members of the Council, which has the power to debate, amend and pass it.