Local Government Autonomy: Answers to five key questions about di Supreme Court ogbonge judgement - BBC News Pidgin (2024)

Di ogbonge judgement of di Supreme Court on Thursday wey grant total autonomy to Local Goment Concils in Nigeria, still dey cause tok tok among Nigerians.

Di court also rule say state govnors no get power to dissolve any democratically elected local goment council, and dat di appointment of caretaker committees to run local goment areas dey illegal.

Going forward, di Supreme Court ban di federal goment from paying local goment monthly allocation to state accounts.

Di argument for and against di Supreme Court judgement still dey go on and pipo dey ask questions and we don try to answer some of dem:

Why some state governors dey against LG autonomy?

According to di monthly sharing formula of money from di federation account, di Federal Government dey get 52.68%, and states get 26.72% and LGs get 20.60% monthly.

E mean say di state govnors bin dey get a total of 47.32% from di federation account, if you add dia 26.2% to di 20.6% of di local goments. And wit dis judgement, e go mean say di money wey dey come to state government purse from di federation account don reduce well well.

Govnor Chukwuma Soludo of Anambra State, bin don tok say e no support local goment autonomy bicos e dey against di spirit of true federalism.

For one event last month, Soludo tok say everi federation for di world get only two tiers: federal and state governments. E maintain say state govnors dey in beta position to know how to administer dia states.

Also, former Govnor of Delta State, James Ibori, describe Thursday judgement by di Supreme Court as "a severe setback" and "an assault on true federalism".

"Dis decision fit dey seen as an erosion of state autonomy. States suppose get significant control over dia internal affairs, including di administration of local goments, in a federal system," Ibori tok.

Also di Govnor of Adamawa State tok say im dey support local goment autonomy, but di process suppose be through constitutional amendment.

"I dey also call on di federal goment to give di states dia own financial autonomy," Fintiri tok, as e accuse di FG say dem no dey share all di money wey enter di federation account in a transparent manner.

Govnor of Kwara State and Chairman of di Nigeria Govnors’ Forum, AbdulRazaq AbdulRahman, tell tori pipo say dem welcome di development bicos "e go relieve di burden for govnors".

"Our pipo no really know how much states dey spend to bail out local goments, and dat na di issue," e tok.

How many states go dey affected by dis judgement?

According to Femi Falana, wey be Senior Advocout of di 36 states of di federation, 22 state govnors dey currently run dia local goment councils using appointed caretaker committees.

Falana explain di ruling for one interview wit Channels TV on Friday morning.

Di judgement of di Supreme Court on Thursday na wit immediate effect, wey mean to say di states wey no get elected LG officials fit no get LG allocation from di federation account for di month of July.

However, some of di states bin don already fix dates for LG elections.

For instance, Delta and Adamawa States go hold dia own dis Saturday, July 13, Plateau State na on October 9, Rives State on October 5, Kwara State on September 21, Akwa Ibo State on October 26, 2024.

States wey get elected LG officials include Bayelsa, Gombe, Edo, Yobe, Borno, Oyo, Niger, Kaduna, Ekiti, Taraba, Ogun, Lagos.

What about states wey get LCDAs?

Some states bin create Local Council Development Authorities for easier administration.

On weda dis judgement go affect di LCDAs, Professor Gbade Ojo, wey be sabi pesin for politics matter tell BBC say, "LCDAs no dey recognised by di constitution".

"Di idea of LCDA na internal arrangement of di states, and di way dem bin dey run am be say di allocations wey come to di local goments go dey shared wit di LCDAs.

"So now, if di chairman of di mother local goment no dey interested in di LCDA as an outlet, di LCDA go die natural death," e tok.

Ojo also point out say di Supreme Court judgement get oda implications wey pipo neva reason. For instance, di fate of primary school teachers.

"Wen local goments bin dey autonomous, some local goment councils no pay teachers for one year until SUBEB (State Universal Basic Education Boards) start to dey exist," e tok.

Wetin go happen to di joint State/LG account?

Section 162 (5) and (6) of di constitution tok say local governments go dey collect dia money from di federation account through di states.

"Each state go maintain a special account to be called 'State Joint Local Government Account' into which shall be paid all allocations to di Local Government Councils of di State from di Federation Account and from di Government of di State," section 162(6) of di constitution tok.

For dia judgement, di Supreme Court Justices tok say dis section of di constitution no empower governors to withhold, manage or spend local government monies anyhow dem want.

And becos some govnors no dey gree forward local goment monies to dem as constitution provide, dem order di federal government to pay di monies directly to local government accounts.

Femi Falana, explain say, "wetin di Supreme Court tok yesterday be say, having regard to sections 7 and 162 of di constitution, and having regards to di evidence wey di Attorney General show say di monies meant for local governments no dey get to them, di money of local governments go dey go directly to dem," Falana tok.

On weda di constitution need to dey changed to remove di provision of joint account, Falana tok say "once di Supreme Court don make pronouncement, dat na di law."

LGs go dey join monthly FAAC meetings?

Normally, di commissioners of finance of di 36 states for Nigeria dey go Abuja monthly to take part in di Federation Account Allocation Committee (FAAC) meeting, wia dem dey share di money from di federation account give each state.

Now wey di court don rule say local goments go dey get dia money direct, shey di 774 local goment areas for Nigeria go follow dey attend di monthly FAAC meetings?

Abass Aleshinloye, former Oyo State chairman of di Association of Local Governments of Nigeria (ALGON) and former Chairman of Oluyole LGA for Oyo State, tell BBC Pidgin say e no dey necessary for di LG officials to dey attend FAAC meetings.

Di federal goment wey initiate dis matter for court in di first place suppose protect di interest of di LGs even if dem no dey present for di FAAC meetings, e tok.

Aleshinloye, who describe di judgement as "victory at last", however, agree say plenty tins need to dey in place to ensure di smooth implementation of di judgement.

For Rivers State, South-south Nigeria, wia issue of local goment administration don cause big kasala, Samuel Nwanosike, di immediate past Chairman of Ikwerre Local Goment Area, tok say, "di Supreme Court don settle di matter, and make sure say we go dey run a proper three tiers of government".

Function of Local Government Councils for Nigeria

Di Nigerian Constitution spell out di functions of local goment councils and e include di following;

Additional reporting by Karina Igonikon.