Abuja: A Senior Advocate of Nigeria, Mohammed Ndarani, has said the 1999 Constitution (as amended) has failed to ensure Local Government autonomy, because State Governments exert undue financial and administrative control. Ndarani made this known in an interview with the News Agency of Nigeria (NAN) on Sunday in Abuja.
According to News Agency of Nigeria, Ndarani stated that despite constitutional provisions, local governments struggle to function effectively due to consistent state interference and manipulation, a situation exacerbated by historical patterns of dependency. The senior advocate called for a constitutional amendment that guarantees direct allocation of funds to local governments.
He highlighted a Supreme Court judgment on July 11, 2024, which affirmed the financial and administrative independence of Nigeria’s Local Governments. However, he noted that implementing this verdict is practically impossible under the current constitutional provisions without deliberate adjustments.
Ndarani emphasized that although the constitution recognizes local governments as the third tier of government, this recognition is undermined by Section 162 (6)-(8), which establishes the State Joint Local Government Account (SJLGA). This section allows state governments to maintain control over local government finances.
He suggested that amendments should ensure direct funding to local councils, enforce compliance, and demand accountability from local government Chairmen to enhance grassroots development and governance impact.
Ndarani explained that state governors’ control over local government funds prompted the Federal Government to seek a court ruling for financial autonomy, aiming to restrain states from interfering with local government finances. However, the joint account system has left local governments financially dependent on state governments.
He pointed out that the court ruling did not abolish the SJLGA, meaning states still act as intermediaries for fund distribution. This situation complicates the enforcement of local government autonomy without further constitutional reforms.
Ndarani advised that Section 7 of the Constitution be amended to guarantee full political and financial autonomy for local governments, ensuring direct allocation of funds to their accounts. He reiterated that abolishing the SJLGA or securing direct allocations is crucial for local government councils to operate independently and drive development.