FEDERALISM is the imaginary bedrock of Nigeria’s constitutional democracy, designed to balance power between the centre and the sub-nationals. However, the recent judgement by the Supreme Court concerning local government autonomy has raised critical questions about the integrity of this federalist structure. The judiciary should interpret the Constitution to reinforce decentralisation.

In its latest judicial intervention on the suit filed by the Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi (SAN), challenging the state governors’ control of LGs, the Court declared that the government is portioned into three tiers – federal, state, and local. This is a blatant assault on the tenets of federalism.

The judgement barred the governors from receiving, retaining, or spending the LG allocations. The Court held that states receiving LG funds violate Section 162 of the 1999 Constitution. It asserted that the Constitution states that any money leaving the Federation Account must be distributed to the three tiers of government. This is erroneous: in federalism, there are only two units of government – the centre and the federating units.

The Supreme Court erred in its judgement as the LGs have no place in a federal constitution. Therefore, one of the fundamental flaws of the 1999 Constitution is to list the 774 LGs in it. This must be corrected.


In federal jurisdictions, such as the United States, India, and Brazil, the constitution recognises only the centre and province/region/state governments. States fund the LGs as the councils are under them. Thus, the Supreme Court judgement is a conspiracy against federalism.

The Court ruled that state governors do not have the power to dissolve elected LG councils and replace them with caretaker committees. This violates Section 7(1) of the Constitution. While we agree with the justices that the councils should be run only by democratically elected officials, the question of financial autonomy for LGs has no place in a federal constitution.

The State and Local Government Joint Account was created because council bosses were looting funds and not paying primary school teachers. Since that account was created, primary school teachers are no longer owed salaries. Sadly, paying the monthly allocation directly to the councils would not stop the diversion of council funds.


Rather than chasing shadows at the Supreme Court, the Bola Tinubu Administration should focus on the political and economic restructuring of the country along the lines of true federalism. Federalism, as envisioned by the founding fathers, was intended to balance power between the central government and the constituent units, ensuring efficient governance, fostering development, and accommodating the country’s vast ethnic, cultural, and regional diversity.

The journey towards federalism has been fraught with challenges, inconsistencies, and deviations from its core principles. Nigeria’s federal structure was designed to prevent the concentration of power at the centre and promote regional autonomy.

The principle of federalism was meant to allow each region to govern itself while contributing to the collective unity and progress of the country. This was seen as essential for a country as diverse as Nigeria, with over 250 ethnic groups and many cultural identities.

Despite having the constitutional framework for federalism, Nigeria operates more as a centralised system. The Federal Government wields significant legislative and executive powers, often encroaching on areas that should fall under state jurisdiction. With 68 items, the Exclusive Legislative List entrenches the impunity of the Federal Government.

States should stop the illegal practice of dissolving elected councils and appointing caretaker committees. Local elections should be free, fair, and credible to ensure accountability.

The journey to true federalism in Nigeria requires a collective commitment to restructuring the current political and administrative framework. By bridging the gap between the theoretical foundations of federalism and the practical realities, Nigeria can harness its diversity, foster development, and build a more united and prosperous country.

Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi (SAN)

FreeStuffsNG:
■ The judgement barred the governors from receiving, retaining, or spending the LG allocations. The Court held that states receiving LG funds violate Section 162 of the 1999 Constitution. It asserted that the Constitution states that any money leaving the Federation Account must be distributed to the three tiers of government. This is erroneous: in federalism, there are only two units of government – the centre and the federating units.

The Supreme Court erred in its judgement as the LGs have no place in a federal constitution. Therefore, one of the fundamental flaws of the 1999 Constitution is to list the 774 LGs in it. This must be corrected.
■ In federal jurisdictions, such as the United States, India, and Brazil, the constitution recognises only the centre and province/region/state governments. States fund the LGs as the councils are under them. Thus, the Supreme Court judgement is a conspiracy against federalism.
■ The Court ruled that state governors do not have the power to dissolve elected LG councils and replace them with caretaker committees. This violates Section 7(1) of the Constitution. While we agree with the justices that the councils should be run only by democratically elected officials, the question of financial autonomy for LGs has no place in a federal constitution.
The State and Local Government Joint Account was created because council bosses were looting funds and not paying primary school teachers. Since that account was created, primary school teachers are no longer owed salaries. Sadly, paying the monthly allocation directly to the councils would not stop the diversion of council funds.

Federalism is a system of government in which the same territory is controlled by two levels of government. Generally, an overarching national government is responsible for broader governance of larger territorial areas, while the smaller subdivisions, states, and cities govern the issues of local concern.

Both the national government and the smaller political subdivisions have the power to make laws and both have a certain level of autonomy from each other.https://www.law.cornell.edu/wex/federalism

opalu:
Imported Federalism and Imported Democracy can never work in Nigeria. We have to use what works for us. If having three Tiers of Government is what works for us, so be it. Punch should stop bring Indian style into Nigerian system. When LGs were receiving direct allocations, we saw how wealth was circulating at the grassroots. Because out of 774 Chairmen, atleast if we have 300 good people, Suffering at the grassroots won't be like this. Then EFCC can chase the rest. No immunity for them. But Governors with immunity can use LGA funds to buy Dubai houses and immunity would shield them

Kobojunkie:
OP, the statements in red are bogus!
Note the writeup from Cornel University insists that a Federalism system is one controlled by two levels of government— not one that has only three tiers of government.

FreeStuffsNG:
■ Thanks for sharing and going through the view confirm that it is the definition of federalism drawn from the US experience and its history where the sovereign was formed by the federating units. At the signing, only the Heads of the states were represented because the counties/ LGs had given their rights to be exercised by their State Heads.
In Nigeria, not even at Independence were the states represented so we had no state uniting to form Nigeria. We had regions so if we were to go by the American definition of federalism, we should have the regions not states so it is the states that should now be the equivalent of the LGs. Also, as at 1999 constitution, we already had a strong LGA system so they can not be ignored like those of US.
■ This is the significant historical difference between our own federalism and that of US that the Punch is ignoring and you can't fault an American university by drawing its definition from the American history. It's like comparing democracy in US with that of UK. What UK operates is still largely monarchy through the powerful unelected House of Lords yet the UK pretends to be among countries practicing democracy.

FreeStuffsNG:
■ Rather than chasing shadows at the Supreme Court, the Bola Tinubu Administration should focus on the political and economic restructuring of the country along the lines of true federalism. Federalism, as envisioned by the founding fathers, was intended to balance power between the central government and the constituent units, ensuring efficient governance, fostering development, and accommodating the country’s vast ethnic, cultural, and regional diversity.
The journey towards federalism has been fraught with challenges, inconsistencies, and deviations from its core principles. Nigeria’s federal structure was designed to prevent the concentration of power at the centre and promote regional autonomy.
The principle of federalism was meant to allow each region to govern itself while contributing to the collective unity and progress of the country. This was seen as essential for a country as diverse as Nigeria, with over 250 ethnic groups and many cultural identities.
Despite having the constitutional framework for federalism, Nigeria operates more as a centralised system. The Federal Government wields significant legislative and executive powers, often encroaching on areas that should fall under state jurisdiction. With 68 items, the Exclusive Legislative List entrenches the impunity of the Federal Government.
■ States should stop the illegal practice of dissolving elected councils and appointing caretaker committees. Local elections should be free, fair, and credible to ensure accountability.
The journey to true federalism in Nigeria requires a collective commitment to restructuring the current political and administrative framework. By bridging the gap between the theoretical foundations of federalism and the practical realities, Nigeria can harness its diversity, foster development, and build a more united and prosperous country.

Kobojunkie:
The 1999 Constitution established Nigeria as a democratic Federation. The design and structure of that Federation which is only about 25 years old is what we are talking about when we talk of Nigeria today.

2. What in the world does this matter to this discussion for Pete's sake? Nigeria is a Federalist system, case closed!

FreeStuffsNG:
■ It matters because of sociological perspectives which now defines the definition of federalism on the account of their history. If our democracy had come before their own, perhaps the definition of federalism will be 3 tiers of constituents and we may now be questioning their own with 2 tiers. This is social science so there's nothing absolute.
■ I can argue that we are not even Federalist if we are to adopt the American definition of federalism. It's either federalism or not Federalism. We are a democracy with 3 tier constituents, whatever word that defines that is what we practice.

Maxymilliano:
So long as JAC remains, no autonomy for LG yet.

Relevant sections of the Constitution will need to be amended but the question now is, will the governors allow it to succeed?

FreeStuffsNG:
Supreme Court got it wrong on LG autonomy
16th July 2024


By Punch Editorial Board

FEDERALISM is the imaginary bedrock of Nigeria’s constitutional democracy, designed to balance power between the centre and the sub-nationals. However, the recent judgement by the Supreme Court concerning local government autonomy has raised critical questions about the integrity of this federalist structure. The judiciary should interpret the Constitution to reinforce decentralisation.

In its latest judicial intervention on the suit filed by the Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi (SAN), challenging the state governors’ control of LGs, the Court declared that the government is portioned into three tiers – federal, state, and local. This is a blatant assault on the tenets of federalism.

The judgement barred the governors from receiving, retaining, or spending the LG allocations. The Court held that states receiving LG funds violate Section 162 of the 1999 Constitution. It asserted that the Constitution states that any money leaving the Federation Account must be distributed to the three tiers of government. This is erroneous: in federalism, there are only two units of government – the centre and the federating units.

The Supreme Court erred in its judgement as the LGs have no place in a federal constitution. Therefore, one of the fundamental flaws of the 1999 Constitution is to list the 774 LGs in it. This must be corrected.


In federal jurisdictions, such as the United States, India, and Brazil, the constitution recognises only the centre and province/region/state governments. States fund the LGs as the councils are under them. Thus, the Supreme Court judgement is a conspiracy against federalism.

The Court ruled that state governors do not have the power to dissolve elected LG councils and replace them with caretaker committees. This violates Section 7(1) of the Constitution. While we agree with the justices that the councils should be run only by democratically elected officials, the question of financial autonomy for LGs has no place in a federal constitution.

The State and Local Government Joint Account was created because council bosses were looting funds and not paying primary school teachers. Since that account was created, primary school teachers are no longer owed salaries. Sadly, paying the monthly allocation directly to the councils would not stop the diversion of council funds.


Rather than chasing shadows at the Supreme Court, the Bola Tinubu Administration should focus on the political and economic restructuring of the country along the lines of true federalism. Federalism, as envisioned by the founding fathers, was intended to balance power between the central government and the constituent units, ensuring efficient governance, fostering development, and accommodating the country’s vast ethnic, cultural, and regional diversity.

The journey towards federalism has been fraught with challenges, inconsistencies, and deviations from its core principles. Nigeria’s federal structure was designed to prevent the concentration of power at the centre and promote regional autonomy.

The principle of federalism was meant to allow each region to govern itself while contributing to the collective unity and progress of the country. This was seen as essential for a country as diverse as Nigeria, with over 250 ethnic groups and many cultural identities.

Despite having the constitutional framework for federalism, Nigeria operates more as a centralised system. The Federal Government wields significant legislative and executive powers, often encroaching on areas that should fall under state jurisdiction. With 68 items, the Exclusive Legislative List entrenches the impunity of the Federal Government.

States should stop the illegal practice of dissolving elected councils and appointing caretaker committees. Local elections should be free, fair, and credible to ensure accountability.

The journey to true federalism in Nigeria requires a collective commitment to restructuring the current political and administrative framework. By bridging the gap between the theoretical foundations of federalism and the practical realities, Nigeria can harness its diversity, foster development, and build a more united and prosperous country.

https://punchng.com/supreme-court-got-it-wrong-on-lg-autonomy/
Mynd44 nlfpmod

JomoGbomo2:
This Punch Editorial is the worst Political Job ever, since when did Journalists/editors start interpreting our constitution for us a Nation. It’s so obvious a governor or former governor is behind this Op-ed disguised as Constitutional interpretation by a group of journalists.

This whole editorial is arguing for Federalism (which is not bad) instead of interpreting the constitution itself.The mere fact that the LG council men may divert the money for personal use and not pay teachers does not make the judgment wrong, THIS IS EXACTLY WHAT THE GOVERNORS ARE CURRENTLY DOING.

FreeStuffsNG:



By Punch Editorial Board



https://punchng.com/supreme-court-got-it-wrong-on-lg-autonomy/