Intergovernmental Relations and the Performance of Local Governments in Nigeria
CHAPTER ONE
OBJECTIVES OF THE STUDY
The primary goal of this study is to describe the relationship of the local government and other tiers of government, known as intergovernmental relationship. Due to the exploratory nature of this research, specifically, the study will consider the following as its specifics:
- To determine if the constitutional provisions for local governments and their relations in the central government are prevalent.
- To determine the present structure and pattern of intergovernmental relations.
CHAPTER TWO
THE CONSTITUTIONAL PROVISION FOR THE EXISTENCE OF LOCAL GOVERNMENTS IN NIGERIA AND THEIR VARIOUS ROLES
Evolution Of The Local Government System In Nigeria
The development of Nigeria’s local government system can be traced to the Native Authority Ordinance of 1916, which was passed by the British colonial government ostensibly to leverage the existing traditional administrative systems in the different regions of the area now known as Nigeria. The ordinance was the first legal framework to operationalise a system of indirect rule (Ikeanyibe 2009). However, this attempt to unify the system of local government met informed resistance from the East and West regions, both because of its anti-democratic thrust and because the system did not fit well with the existing traditional administrative systems in those regions. Nonetheless, the ordinance endured until 1946, when the Richard constitution introduced the new regional assemblies. By 1949, the Eastern house of assembly provided a platform for debates that eventually led to the Local Government Ordinance of 1950, which set the scene for a democratic system of local government (Ogunna 1996).
By 1954, democratic values had permeated the local government system in the three regions of East, West and Northern Nigeria, with each region having absolute control over the type, structure and functions of local government (Ikeanyibe 2009). However, although the 1950 ordinance started to introduce democratic values in local governance, it also marked the beginning of federal/regional dominance over local government administration, which was evident throughout colonial rule and has endured through the post-colonial era to contemporary Nigeria.
Despite this colonial history, Nigeria’s modern local government system started with the reform of local government in 1976. This reform aimed to restructure and modernise local government administration, and to make it one of the best in Africa. The good intentions of the 1976 reform included the desire to extend the principle of federation by bringing government to the grassroots level, and to achieve uniformity of local government administration across the federation (Olanipekun 1988).
The reform represented a fundamental change, because for the first time a single system of local government was attained in Nigeria. The financial system was also restructured, introducing statutory allocations of revenue from the Federation Account,2 with fixed proportions of federal and each state’s revenue given to local government. According to Ekpo and Ndebbio (1998), the reform also ring-fenced revenue to protect local government revenue from state encroachment.
CHAPTER THREE
COMPARATIVE AND COOPERATIVE RELATIONSHIP BETWEEN THE LOCAL GOVERNMENT AND OTHER TIERS OF GOVERNMENT
The nature of interaction between local government and other levels of government in Nigeria are in different folds. These include:
Constitutional relationship There is no local government that is totally autonomous. Each is part of the interdependent and inter-related political and administrative structures of a country (Enemuo, 1999). In spite of the autonomous powers granted to the local government, section 7(1) provides that the state government shall ensure their existence under a law which provides for the establishment, structure, composition, finance and functions of such councils. Section 4(5) of the constitution also provides that if any law enacted by the House of Assembly of the state is inconsistent with any law validly made by the National Assembly, the law made by the National Assembly shall prevail, and that other law shall, to the extent of inconsistency, be void. Political Relationship The central government reserves the right to establish new local government units, change the boundaries of the existing ones, amalgamate them or terminate them (Enemuo, 1999). Section 8 provides that the government of every state shall ensure their existence under a law which provides for the establishment, structure, composition, finance and function of such council (FRN, 1999). Financial Relationship The fiscal and monetary powers of each tier of government have been delineated by Decree No. 21 of 1998, which has become the Act of National Assembly. The constitution expects local government councils to generate their revenues (Eliagwu, 2011). Section 162(1) provides that all revenues from the federation shall go into the federation account and that Revenue Mobilization, Allocation and Fiscal Commission (RMAFC) shall present a revenue formula to the President to be placed before the National Assembly for the purpose of distribution.
CHAPTER FOUR
LOCAL GOVERNMENT AUTONOMY
The period 1951 to 1976, the then regional and later state governments had absolute control over local governments. They determine the structure, functions and powers devolved to the tier, and autonomy was non-existent. But with the introduction of the 1976 reforms, it brought a major change in intergovernmental relations which were meant to unchain local governments from the excessive control exercised by the state governments. Scholars, including Ammani (2012) commenting on this issue, have described how state governments seize federal allocations meant for local governments in their domain and misappropriate them; leaving the local governments debilitated. This is the kind of interference that caught the attention of scholars and practitioners, and even this piece research.
The system suffered from continuous whittling down of their powers, inadequate funds and appropriate institutions, inadequate staffing arrangement and the institution was divorced from people and governmental institutions at their most basic levels. The reform devolved functions and power to perform these functions to the local government, but at the same time placed under the control of the state. The Buhari led military government (1983 – 1984) appointed the Committee to review the system of local government headed by Alhaji Ibrahim Dasuki made a good recommendations as earlier mentioned above. It gave the local government the required autonomy to operate freely with little or no interference, but the report was not fully implemented before the regime was overthrown in 1985. The General Ibrahim Babangida regime resolved that local governments will no longer be subject to any control by federal and state governments. It was the glorious period for local government system in the country. The regime introduced the Presidential system of government at the local level in 1991 which was in line with the contribution on the literature of autonomy by Davey (1991) where he opined that “Local autonomy is primary concerned with the question of responsibilities, resources and discretion conferred on the local authorities. As such discretion and responsibility are at the core of local government”. This development resulted in the election of local government chairmen with full executive powers through universal adult suffrage; upward review of sharing formula to local governments from 10% to 15% and later 20%; direct release of federal allocation without channeling it through the state; the abolishing of the Ministry for local government and replacing it with department of local government placed under the Deputy Governor’s office; the abolishing to local government service commission and appointment of the Secretary to the local government.
CHAPTER FIVE
SUMMARY OF FINDINGS, CONCLUSION AND RECOMMENDATION
Introduction
In this brief chapter, we summarize the study as we recap on various reviews in the study. We proceed to conclude on the issue of intergovernmental relationship and the performance of the local governments in Nigeria.
Summary of the study
This study was carried ou in five related but idea-separated chapters. In the first chapter, we gave a historical background regarding intergovernmental relationships. The primary goal of this study was to describe the relationship of the local government and other tiers of government, known as intergovernmental relationship. The scope of the study were defined and the theories adopted for the study. In the second chapter, we reviewed the constitutional provision for the existence of local governments in Nigeria and their various roles. The findings in this chapter revealed that Local government councils did not have definitive constitutional recognition until it was enshrined in the 1979 constitution. The essence of this was to ensure that every state government should, by law, provide for the establishment, structure, composition, finance and functions of local councils. In the third chapter, we compared the relationship between the local government and other tiers of government. The findings from this chapter reveals that the local government enjoys different forms of dividends as a result of intergovernmental relationships. Dividends such as administrative relationships, revenue sharing relationship, and resource distributions are part of the intergovernmental relationship which enhances the performance of the local governments. In the fourth chapter, we visited the issue of local government autonomy. The findings from this chapter reveals that from the period of 1951 to 1976, the then regional and later state governments had absolute control over local governments. They determine the structure, functions and powers devolved to the tier, and autonomy was non-existent. Also, the review in this chapter highlights the needs for local government autonomy which includes: political education, strengthen democratic decentralization of power and putting power in the hands of citizens at the grassroots level governance, in addition to delivering development deliver development evenly to each and every Nigerian, to enable capacity building of people in rural areas which will be in form of economic empowerment through job creation and payment of salary and emoluments or freedom from external control of allocation which the excess can be channeled into the economic system of the communities concern.
CONCLUSION AND SUGGESTION
In a multi-ethnically segmented polity like Nigeria a disaggregate federation is likely to appeal more to the people. By the same token there will be an uncritical assumption of the theoretical ideal of dual federalism to the extent that people would think that any intergovernmental interdependence violates the principle of federalism.
Consequently intergovernmental relations are likely to be minimal. This is more so the case because of the operation of different political parties in central, state and local governments. In such situations governments distrust one another whereas where the same party is in power at all levels intergovernmental political harmony is more likely.
The public services at the various levels also produce problems of intergovernmental relations. Sometimes public servants feel that their ego is hurt and their job prospects inhibited through constructive intergovernmental relations. This element of competitive rivalry obstructs intergovernmental relations. Unfortunately whenever there is such an administrative conflict between such separate public services there is no hierarchical superior that can resolve the dispute.
But all that is not to paint a bleak future for intergovernmental relations in Nigeria. It can be argued that it is simply impossible to partition jurisdictions especially in such areas as the implementation of international agreements, economic planning, roads, health, social services, etc. Secondly it must be stressed that the mere forces of inertia which could be economic or political can force intergovernmental harmony. For example the regional inequalities of per capita fiscal capacity normally propel most central governments into an equalizing role. The period of oil boom in Nigeria proves this fact.
Nonetheless it is still pertinent to suggest definite measures to foster intergovernmental relations. Although the new Constitution gives room for interstate political communication through the establishment of the National Council of States it should have gone one step further to provide a legislative list of subjects on which they could legislate. Similarly provisions for interlocal cooperation should have been made in the Constitution. It could also have been encouraged by giving grants to interlocal endeavours.
REFERENCES
- Abutudu, M. (2011) The challenges and opportunities for improving the local government system in Nigeria. Paper presented at the Third Biennial National Conference on Community Development in Nigeria, Grand Hotel, Asaba, November, 20–24, 2011. Available at: www.communitylifeproject.org [Accessed 4 February 2014].
- Adamolekun, L. (1979) The idea of local government as a third level of government. Ibadan: Heinemann Educational Books.
- Adeola, G.L. (2008) From native authority to local government in Nigeria: Implications for flexibility and dynamism in local governance. Journal of Constitutional Development, 8 (3).
- Akaeze, A. (2012) How the local government are robbed of funds. Available at: http://www.newswatchngr.com/how-the-lgs-are-robbed-of-funds [Accessed 4 February 2014] and International Affairs, 33(1), 1-5. internal Affairs, 33 (2), 1- 7
- Approach Federal Republic Of Nigeria (1999). Constitution of the Republic of Nigeria. Lagos:
- Bamidele, G. (2013) The role of local government in federal systems. Available at: https://www.newsdiaryonline.com [Accessed 7 December 2013].
- Chibundo D.C.(2015) . Federal, state , and local government and Inter- governmental Relation in
- Constitution of the Federal Republic of Nigeria (1979) Available at: http://www.constitutionnet.org/vl/item/constitution-federal-republic-nigeria-1979 [Accessed 5 February 2014].
