Current constitution doesn’t permit separation of states, LGAs — Don

Professor Samuel Oguche, a Senior Executive Fellow at the National Institute for Legislative and Democratic Studies in the National Assembly, Abuja, has stated that it is practically impossible for any local government area to seek independence given the current constitution.

He explained that the Nigerian Constitution does not allow for the separation of states and local government areas (LGAs), despite the recent Supreme Court ruling on LGA autonomy.

Oguche, who is also Visiting Associates Professor of Law, Bingham University, Karu, Nasarawa State made the assertion during a three-day Induction Course for elected Kogi LG Officials and Financial Administrative Staff in Lokoja which came to an end on Wednesday.

He spoke on the topic: “Understanding the Dynamics of Local Government Autonomy in Nigeria: Challenges and Benefits”.

The don said that while the apex court’s decision affirms financial autonomy for LGAs, it doesn’t alter the fundamental structure of the Nigerian state where LGAs are part of the state system.

”The lives of the LGAs are determined by the State Houses of Assemblies, which legislate their existence and functions.

”Section 7 of the Constitution of Nigeria, which provides for LG administration, is the prerogative of each of the 36 states and not of the federal government.

”For the fact that the supreme court granted the autonomy to the LGAs, the states and local governments areas can’t be separated, ” he said.

He said though the autonomy for local governments was crucial for effective governance, grassroots development and democratic consolidation in Nigeria, its practically impossible for any local government area to seek for independence considering the nature of the constitution presently.

“Until and unless the laws are amended, the various state houses of assemblies enact laws on how the 774 LGAs are run,” he said.

Oguche expressed concerns over why over 40 years, some bylaws remain in force and unchanged even with the dynamics of the society.

He noted that financial dependence, political interference, corruption and mismanagement were part of the challenges to the local government’s autonomy.

The legal expert strongly advocated for legislative actions to align with the Supreme Court judgment on the Autonomy of the LGAs.

“These challenges can be addressed through legal, institutional and political reforms will enhance local governance, improve service delivery and promote socio-economic development in Nigeria.

“As a way forward, there should be constitutional alterations to clarify the status of state joint local government account and Improved oversight of LGAs

“Capacity Building (training staff, improving administrative processes, and developing financial management as well as ensuring transparency and accountability.

“There should be Improving coordination and communication, financial independence to ensure local governments have access to sufficient and predictable revenue streams, ” he said.

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