Critical Analysis of Local Government System in Nigeria

Abstract

In scholarly writings on local government, three notable issues are dominant: the military intervention in politics, the 1976 local government reforms, and the need for local government financial autonomy. The legal framework that plunged the system into crisis in search of identity as a third tier of government needs to be given more attention. The method adopted for this study is purely descriptive and analytical by implication, relying majorly on documented facts from official records, provisions of the Constitution of the Federal Republic of Nigeria, and extant literature on this field. Over the years, local governments have needed more whims and caprices to operate without state interference. This inherent weakness has made the local governments appear inadequate in performing their functions. As such, the populace at the grassroots hardly feels the presence of government, which is the primary essence of their existence. This paper attempts to critically examine the Lacuna, weaknesses, and contradictions inherent in the constitution that provides for the creation, establishment, structure, composition, finance, and functions of the local government and also highlights how the states have exploited these inadequacies and contributed to the abysmal failure of the local government. The paper discovers that the problem is foundational; despite the various reforms, not much desired has been granted. The uncontrolled access of state governments to local government finances is warranted by the provisions of Section 7(1) of the 1999 CFRN. The local government has no legal status as a federating unit spelled out in the constitution like that of the Federal and State governments as contained in the General provisions, chapter 1, Part 1 Sub- Section 2 of the CFRN. Hence, it is recommended that section 7 (1) of the constitution should be amended to curb state control over the functions and finances of local government; the local government is granted legal recognition as a federating unit with its powers, functions, and responsibilities spelled out like that of the state and federal governments; local government should be granted financial autonomy with the removal and abolition of the SJLGA from the constitution.