Strengthening Local Government Autonomy In Nigeria: Navigating Constitutional Mandates And Supreme Court Directives

In a nation as diverse and complex as Nigeria, where the distance between the corridors of power and the grass­roots is often vast, the recent Nigeri­an Bar Association (NBA) State of the Nation session has cast a much-needed spotlight on a critical issue: local govern­ment autonomy. This session, centred on the theme, “Strengthening Local Govern­ment Autonomy in Nigeria: A Dialogue on the Impact and Implementation of the Supreme Court Judgment,” brought together jurists, policymakers, and legal scholars to deliberate on the transforma­tive implications of a landmark Supreme Court decision for local governance. The discussions were enriched by detailed papers, including an incisive keynote address by Honourable Justice Ejembi Eko (Retd), which underscored both the promise and challenges of decentralizing power in Nigeria.

Nigeria’s democratic experiment is anchored in the 1999 Constitution, which establishes a federal structure comprising three tiers: the Federal Government, the States, and the Local Government Areas (LGAs). LGAs are constitutionally recog­nized as the government’s arm closest to the people, tasked with the direct delivery of essential services and the administra­tion of grassroots affairs.

In theory, local governments are to be the vibrant engines of community development, with democratically elect­ed Chairmen and Councillors entrusted with the mandate to manage local re­sources, plan community projects, and en­sure citizen participation in governance.

Yet, as history has shown, local gov­ernment administration in Nigeria has often been stifled by overbearing state in­terference. State governors and their ap­pointees have, time and again, encroached upon the constitutional independence of LGAs—suspending, dismissing, or even dissolving democratically elected local councils under various pretexts. This en­croachment has transformed LGAs from institutions of self-determination into mere extensions of state power, thereby undermining the democratic principles of decentralization and grassroots em­powerment.

Against this backdrop of persistent state intervention, the Supreme Court’s ruling in the case of Attorney-General of the Federation v. Attorney-General of Abia State & 35 Ors (SC/CV/343/2024), delivered on 11 July 2024, emerged as a landmark decision. In this judgment, the apex court unequivocally affirmed the fi­nancial autonomy of local governments. By declaring that funds meant for LGAs— particularly those from the Federation Account—must be directly allocated to them, the Court struck down state laws and practices that allowed Governors to unilaterally divert these resources for their own purposes.

Justice Ejembi Eko’s keynote address at the NBA conference delved deeply into this decision.

He argued that the judgment not only safeguards the financial integrity of lo­cal governments but also reasserts the principle that LGAs are not subordinate appendages of the State. He referenced prior cases such as Ajuwon & Ors v. Gov­ernor of Oyo State (2021) and AG, Benue State v. Umar (2008), which had similarly invalidated state actions undermining local democratic processes.

According to Justice Eko, these rulings collectively affirm that local governments are sovereign in their own right, drawing their legitimacy from the will of the elec­torate rather than the diktats of state executives.

The concept of autonomy in the con­text of local governance carries with it implications of independence, freedom, and self-rule.

Autonomy is meant to empower local officials to address community-specific issues without undue external interfer­ence. However, as Justice Eko and other panelists highlighted, the practical reality on the ground is far from ideal. State gov­ernors have often engaged in what can only be described as “fiscal banditry” by withholding or misappropriating funds that are constitutionally earmarked for LGAs. This practice not only violates constitutional provisions but also erodes the democratic mandate entrusted to local officials by their constituents.

The misappropriation of funds is more than a mere administrative er­ror—it is a fundamental breach of the public trust. Local governments, being the closest layer of governance to the people, rely on these funds to maintain essential services, develop infrastructure, and promote economic activities. When funds are diverted or held hostage by state authorities, the impact is felt most acutely at the grassroots, where communities are left bereft of critical services and develop­ment opportunities.

One of the recurring themes during the NBA session was the indispensable role of the judiciary in protecting the sanctity of the constitutional order. The Supreme Court’s intervention, though not without its detractors, has been hailed by many legal experts as a necessary correc­tive measure in the face of rampant state encroachment on local autonomy.

As Justice Ejembi Eko remarked, ju­dicial oversight is essential to ensure that all tiers of government adhere strictly to the rule of law.

Critics have occasionally suggested that the Supreme Court’s decision may have amounted to judicial activism—ar­guing that the court effectively amended or rendered certain constitutional provi­sions, such as Sections 162(5) and 162(6), inoperable. However, Justice Eko force­fully rejected these claims, emphasizing that the judiciary’s role is to interpret the Constitution as it stands, not to engage in legislative reform. By reaffirming the inherent financial rights of local govern­ments, the Court was merely upholding the original intent of the framers of the 1999 Constitution—a framework that en­visions a balance of power that respects both the autonomy of LGAs and the unity of the nation.

While the Supreme Court judgment is a significant victory for proponents of local government autonomy, its successful implementation remains an uphill task

Deep-seated institutional practices and a culture of centralization have long defined the operational dynamics between state and local governments in Nigeria. Thus, the transition from con­stitutional theory to everyday practice requires a multifaceted approach.

To translate the promise of the Su­preme Court judgment into reality, it is imperative to establish robust mecha­nisms for monitoring the allocation and utilization of funds meant for LGAs. This could involve the creation of independent oversight bodies that are empowered to audit and report on the financial transac­tions between the Federation, the States, and the LGAs. Such institutions would serve as watchdogs, ensuring that state authorities do not subvert the constitu­tional mandate by withholding funds or misusing them for political gains.

Enhancing Legal Literacy: A signif­icant barrier to the effective implemen­tation of local government autonomy is the general lack of awareness regarding constitutional provisions among state of­ficials and the broader public. Initiatives aimed at boosting legal literacy can play a crucial role in empowering local com­munities. By ensuring that local govern­ment officials, community leaders, and the citizenry are well-informed about their rights and the legal frameworks governing local governance, the legal community can foster a culture of ac­countability. This, in turn, would prompt swift judicial recourse against any acts of state interference.

Reforming State Laws: Despite the clear constitutional directive, many state laws continue to vest excessive power in the hands of Governors, allowing them to dissolve or suspend local government councils at will. A thorough review and re­form of these state laws is urgently need­ed. Legal practitioners and lawmakers must work in tandem to craft legislation that is in strict conformity with the con­stitutional mandate, ensuring that local governments are free to operate without arbitrary state interference.

Empowering the Legal Communi­ty: The role of the NBA and other legal bodies cannot be overstated in this con­text. By consistently including discus­sions on the state of the nation and local governance in their meetings, the legal fraternity is actively shaping public pol­icy and advocating for constitutional compliance. Continued vigilance on the part of lawyers, who must serve as both counselors and watchdogs, will be critical in holding state officials accountable for any abuses of power.

Promoting Grassroots Democracy: Ul­timately, the success of local government autonomy hinges on the empowerment of local communities themselves. Grass­roots democracy is not simply about de­centralizing administrative functions; it is about ensuring that the voices of the people are heard in decision-making processes that directly affect their lives. Empowering local communities through active citizen participation, transparent governance, and accountability mech­anisms will create an environment in which local governments can truly thrive.

Future Implications for Nigerian Fed­eralism

The Supreme Court judgment on lo­cal government financial autonomy has far-reaching implications beyond the im­mediate issue of fund disbursement. It is a pivotal moment that has the potential to redefine the relationship between state and local governments in Nigeria.

By enshrining the principle that local governments are constitutionally inde­pendent entities, the decision sends a powerful message: the democratic man­date granted by the people to their local representatives is inviolable.

This ruling also sets the stage for a broader reexamination of federalism in Nigeria. As the nation grapples with challenges related to resource allocation, regional disparities, and the concentra­tion of power, there is a growing recogni­tion of the need to rebalance these rela­tionships. A reformed federal structure that genuinely respects the autonomy of local governments would not only lead to more equitable development but also strengthen the overall democratic fabric of the nation.

The discussions at the NBA State of the Nation session, punctuated by the thought-provoking address of Justice Ejembi Eko, have underscored the urgen­cy of strengthening local government au­tonomy in Nigeria. The Supreme Court’s judgment is a landmark achievement—a legal bulwark that reinforces the consti­tutional rights of local governments and curbs the long-standing practice of state interference. However, legal victories must be matched by concerted efforts to bridge the gap between constitutional mandates and practical governance.

For Nigeria, the path forward is clear. Legal practitioners, policymakers, and civil society must collaborate to establish transparent institutional frameworks, promote legal literacy, reform restrictive state laws, and empower grassroots com­munities.

Only by addressing these challenges head-on can the promise of local govern­ment autonomy be fully realized.

In the final analysis, the quest for autonomous local governments is not merely a legal or administrative issue— it is a fundamental struggle for the soul of Nigerian democracy. It is a struggle to ensure that the voice of every citizen, par­ticularly those at the grassroots, is heard and respected in the corridors of power.

The legacy of the Supreme Court judgment must serve as a clarion call for systemic reforms that transform local governance from a peripheral adminis­trative function into a vibrant engine of democratic development.

As Nigeria continues to evolve, the principles of accountability, transparen­cy, and participatory governance must guide every facet of its political life. The judiciary’s steadfast commitment to upholding constitutional mandates, as demonstrated in the landmark ruling, is a reminder that no tier of government is above the law. The Nigerian Bar Associ­ation and the legal community at large have a pivotal role to play in this ongoing transformation. By championing the cause of local government autonomy, they are not only safeguarding the rule of law but also helping to build a more just and equitable society.

The journey ahead may be fraught with challenges—from entrenched prac­tices of state intervention to bureaucratic inertia—but the vision remains clear: a Nigeria where local governments, liberat­ed from undue interference, serve as true instruments of democracy and develop­ment. In such a nation, the promise of the 1999 Constitution will not be a distant ideal, but a lived reality, ensuring that the democratic mandate reaches every cor­ner of the federation.

Ultimately, the Supreme Court’s de­cision and the robust discussions it has spurred at forums like the NBA State of the Nation session underscore one time­less truth: in a democracy, the power of the people begins at the grassroots.

Strengthening local government autonomy is not merely a policy imper­ative—it is a commitment to the very prin­ciples upon which Nigeria was founded.