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Local Governments Are Not Independent From Their States - Politics - Nairaland

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Local Governments Are Not Independent From Their States by Ojuntana: 5:47pm On Jul 11, 2024
I'm surprised that so many people think Local governments are independent from their states. Nothing can be further from the truth. I have reproduced here the relevant section that created and recognizes the local governments in our constitution.

Read section 7 of our constitution below.


(1) The system of local government by democratically elected local government councils is under this Constitution guaranteed; and accordingly, the Government of every State shall, subject to section 8 of this Constitution, ensure their existence under a Law which provides for the establishment, structure, composition, finance and functions of such councils.

(2) The person authorised by law to prescribe the area over which a local government council may exercise authority shall-

(a) define such area as clearly as practicable; and

(b) ensure, to the extent to which it may be reasonably justifiable that in defining such area regard is paid to -

(i) the common interest of the community in the area;

(ii) traditional association of the community; and

(iii) administrative convenience.

(3) it shall be the duty of a local government council within the State to participate in economic planning and development of the area referred to in subsection (2) of this section and to this end an economic planning board shall be established by a Law enacted by the House of Assembly of the State.


(4) The Government of a State shall ensure that every person who is entitled to vote or be voted for at an election to House of Assembly shall have the right to vote or be voted for at an election to a local government council.

(5) The functions to be conferred by Law upon local government council shall include those set out in the Fourth Schedule to this Constitution.

(6) Subject to the provisions of this Constitution -

(a) the National Assembly shall make provisions for statutory allocation of public revenue to local government councils in the Federation; and

(b) the House of Assembly of a State shall make provisions for statutory allocation of public revenue to local government councils within the State.
More: https://jurist.ng/constitution/sec-7

From the above section, it is clear that:

1. States are responsible for the continued existenc and functioning of Local Governments
2. Economic planning of the local government is subject to a law enacted by the State Assembly
3.The right to vote and be voted for or the conduct of elections is to be granted and protected by the state.
4. Funding of local governments is a responsibility of the state government.

From the above, it is clear that the idea that local governments are autonomous or financially independent of the states is an aberration to the Constitution. The Local govts are no more than administrative units under the states. The Supreme Court got it fatally wrong.
Re: Local Governments Are Not Independent From Their States by Praxis758: 6:02pm On Jul 11, 2024
It’s like saying state governments are not independent of the federal

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Re: Local Governments Are Not Independent From Their States by Righthussle: 6:02pm On Jul 11, 2024
This man is certainly from Rivers State where court judgement always have different interpretations.

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Re: Local Governments Are Not Independent From Their States by Ojuntana: 6:03pm On Jul 11, 2024
Righthussle:
This man is certainly from Rivers State where court judgement always have different interpretations.
grin grin grin Haba Nigerians
Always second guessing issues
Re: Local Governments Are Not Independent From Their States by mrvitalis(m): 6:04pm On Jul 11, 2024
Praxis758:
It’s like saying state governments are not independent of the federal
That's not the same thing oga they are two different things
Re: Local Governments Are Not Independent From Their States by Blue3k(m): 6:07pm On Jul 11, 2024
The Supreme Court was wrong but nobody cares about the facts if it doesn't serve their interests. They legislated from the bench to achievement their judgement. If this case is ever retried by a strict interpretation Court they will reverse the judgement.

Notice nobody going to argue the facts of what the documents say. It's just a moral argument about why governors shouldn't control funds. I agree with the sentiment but that doesn't change the fact the court ruled incorrectly.

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Re: Local Governments Are Not Independent From Their States by lionshare: 6:13pm On Jul 11, 2024
Blue3k:
The Supreme Court was wrong but nobody cares about the facts if it doesn't serve their interests. They legislated from the bench to achievement their judgement. If this case is ever retried by a strict interpretation Court they will reverse the judgement.

Notice nobody going to argue the facts of what the documents say. It's just a moral argument about why governors shouldn't control funds. I agree with the sentiment but that doesn't change the fact the court ruled incorrectly.
Nothing is cast in stone if this supposedly flawed federal system works for us then so be it. Maybe in the near future there will be a globally accepted nigerian version of federalism.
Re: Local Governments Are Not Independent From Their States by Goodvibes007: 6:15pm On Jul 11, 2024
Ojuntana:
I'm surprised that so many people think Local governments are independent from their states. Nothing can be further from the truth. I have reproduced here the relevant section that created and recognizes the local governments in our constitution.

Read section 7 of our constitution below.



From the above section, it is clear that:

1. States are responsible for the continued existenc and functioning of Local Governments
2. Economic planning of the local government is subject to a law enacted by the State Assembly
3.The right to vote and be voted for or the conduct of elections is to be granted and protected by the state.
4. Funding of local governments is a responsibility of the state government.

From the above, it is clear that the idea that local governments are autonomous or financially independent of the states is an aberration to the Constitution. The Local govts are no more than administrative units under the states. The Supreme Court got it fatally wrong.
Nairaland chief justice of the federation has spoken. Perhaps you know the constitution of Nigeria more than the supreme Court justices.

Na play I dey play ooo.

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Re: Local Governments Are Not Independent From Their States by Ojuntana: 6:17pm On Jul 11, 2024
Goodvibes007:

Nairaland chief justice of the federation has spoken. Perhaps you know the constitution of Nigeria more than the supreme Court justices.

Na play I dey play ooo.
I believe you can read.
Or do you mean you need Supreme Court justices to interpret English for you
Re: Local Governments Are Not Independent From Their States by ALTERNATEID: 6:18pm On Jul 11, 2024
Ojuntana:
I'm surprised that so many people think Local governments are independent from their states. Nothing can be further from the truth. I have reproduced here the relevant section that created and recognizes the local governments in our constitution.

Read section 7 of our constitution below.



From the above section, it is clear that:

1. States are responsible for the continued existenc and functioning of Local Governments
2. Economic planning of the local government is subject to a law enacted by the State Assembly
3.The right to vote and be voted for or the conduct of elections is to be granted and protected by the state.
4. Funding of local governments is a responsibility of the state government.

From the above, it is clear that the idea that local governments are autonomous or financially independent of the states is an aberration to the Constitution. The Local govts are no more than administrative units under the states. The Supreme Court got it fatally wrong.

Go to the Supreme Court and explain this to them since you know more than the honorable Justices of the Supreme Court.

2 Likes

Re: Local Governments Are Not Independent From Their States by Zxcvbnmghtr: 6:19pm On Jul 11, 2024
This one has been CRYING since the supreme Court verdict. Make you no go commit suicide o.

6 Likes

Re: Local Governments Are Not Independent From Their States by Ojuntana: 6:23pm On Jul 11, 2024
Blue3k:
The Supreme Court was wrong but nobody cares about the facts if it doesn't serve their interests. They legislated from the bench to achievement their judgement. If this case is ever retried by a strict interpretation Court they will reverse the judgement.

Notice nobody going to argue the facts of what the documents say. It's just a moral argument about why governors shouldn't control funds. I agree with the sentiment but that doesn't change the fact the court ruled incorrectly.
And Nigerian youths hope to build morality on immorality. What does it take Tinubu to get the national assembly to make an act as regards disbursement of LG funds instead of bastardizing the judiciary this way? He had no qualms changing national anthem using the legislature but when we get to where the legislature is truly empowered, man swerves to the judiciary. Why does he enjoy toyiing with sacred national institutions so? The man makes a mockery of democracy!!

In my humble view, the constitution gives the NASS the power to determine how the funds will be disbursed. So all is needed is to get the NASS to make a law empowering FAAC to withhold any state with no democratically elected LGs until they do so, and also to pay into an escrow account, LG funds for any state who refuse to disburse funds to the LG as appropriate in the preceding month. Simple as ABC!! That would be a good law!!
Re: Local Governments Are Not Independent From Their States by Ojuntana: 6:24pm On Jul 11, 2024
ALTERNATEID:


Go to the Supreme Court and explain this to them since you know more than the honorable Justices of the Supreme Court.

Well, you can mock now cause it seemingly sits well with your prejudices. When the next bomb comes and it does not sit well with you, I hope you will receive it with equanimity
Re: Local Governments Are Not Independent From Their States by yarimo(m): 6:34pm On Jul 11, 2024
Illiterate kids everywhere trying to interpret The law to fellow illiterates . Meanwhile jubilations all over Nigeria immediately after the court judgement. Nobody should take op serious he is a kid with free bonus data to create senseless thread
Ojuntana:
I'm surprised that so many people think Local governments are independent from their states. Nothing can be further from the truth. I have reproduced here the relevant section that created and recognizes the local governments in our constitution.

Read section 7 of our constitution below.



From the above section, it is clear that:

1. States are responsible for the continued existenc and functioning of Local Governments
2. Economic planning of the local government is subject to a law enacted by the State Assembly
3.The right to vote and be voted for or the conduct of elections is to be granted and protected by the state.
4. Funding of local governments is a responsibility of the state government.

From the above, it is clear that the idea that local governments are autonomous or financially independent of the states is an aberration to the Constitution. The Local govts are no more than administrative units under the states. The Supreme Court got it fatally wrong.

7 Likes

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