LOCAL GOVERNMENT AUTONOMY IN NIGERIA; A MYTH OR REALITY.

Abstract

The Nigerian Local Government Councils being a creation of the law under the 1999
Constitution and one of the tiers of government in Nigeria's federalism, is closest to the
grassroots and therefore expected to drive infrastructural development, economic growth and
political development of the people at grass-root. Being a creation of the Nigerian Constitution
and the third tier government in Nigeria's federation, these Local Councils are expected to be
independent and autonomous from every form of external interference in managing its affairs.
It is however unfortunate and regrettable to say that the would be independent third tier of
government was divested of the much coveted autonomy in the management of its affairs and
this have over the years, made the State governors to literarily hijacked funds allocated to the
Local Government Councils in their States and misappropriate same for their personal or
political interest. As a result of this, the developments of the Local Councils have become a
mirage as the Local Governments have failed to impact the lives of rural dwellers. This study
while appraising some of the challenges militating against the autonomy of the Local
Government Councils in Nigeria under the 1999 Constitution, it also highlighted the impact the
current Supreme Court's decision in AG Federation v AG Abia State & 35 Ors. has on the Local
Government Councils. Now that the Local Government Councils in Nigeria have been granted
full financial autonomy from the State Governments owing to the latest Supreme Court
decision, it is hoped that the Local Governments will use their new found financial autonomy
wisely. There is therefore a call for an urgent constitutional amendment if not an overhaul, of
the relevant sub-sections of section 162 of the 1999 Constitution to reflect the current decision
of the Supreme Court on the subject