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Supreme Court Got It Wrong On LG Autonomy- Punch Editorial Board - Politics (5) - Nairaland

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Re: Supreme Court Got It Wrong On LG Autonomy- Punch Editorial Board by Meti99(m): 11:56am On Jul 16
lionshare:
What currently stops the States from functioning with the resources they currently control?
...
Because we run a Presidential system of government ..
Everyone focuses on Abuja.
That's why everybody still blames Tinubu for every shit.
Let us run a Decentralized system and see how the psyche of Nigerians will change instantly to their immediate government
Then Tinubu himself will have peace

1 Like

Re: Supreme Court Got It Wrong On LG Autonomy- Punch Editorial Board by Bulldozer90: 12:18pm On Jul 16
blacknp:
Stop floating in your ignorance, Yankee has local governments called municipalities.

Make people wey never enter aeroplane local flight, No dey argue with people wey done live for stateside.
Three tier of government is different from three tier federalism. It's the states laws in the US that create LG not the US Constitution. US Constitution only shares jurisdiction between the federal and state govt. LG is the business of the states. Well, you just validated my claims that most Nigerians are ignorant and they're arrogant about it, just like you.
Re: Supreme Court Got It Wrong On LG Autonomy- Punch Editorial Board by Pacesetter123(m): 1:12pm On Jul 16
Kukutenla:
Agim has been giving funny judgement. He's the same dude who made that disgraceful judgement about deposition signed but not stamped in Atiku’s case.
The Supreme Court simply carried out a coup on the constitution. Section 2 clearly outlined the federating units and only states and fct are mentioned.
Besides, the Fourth Republic is not Nigeria's first attempt at a federal system. We had it in 1960 as well as 1979 and both had only two tiers making up the federation. Even with the existence of districts and provinces in 1960, only the regions and the federal power existed as federating units.
Same in 1979, only the states and fg were the federating units.
What the SC did was an anomaly. It was not a landmark judgement but a shameful one. It negated the spirit and purpose of our federalism under the guise that some politicians are not behaving well. Bad behaviour of individuals or groups should be punished not the system upended. It makes it look like they are more powerful than the system.
To the myopic lots who keep fantasising a sweet end to this bizarre judgement, a rude shock awaits them. Illegality can only beget illegality. It doesn't matter what stamp you use on it.
You clearly stated in your submission that 1960 and 1979 constitutions only recognized 2-tiers of government.....FG and SG.But you failed to affirm emphatically how many tiers of government the 1999 constitution recognizes.
Perhaps,the SC based their judgement on the 1999 constitution and not 1960 own you quoted.
Re: Supreme Court Got It Wrong On LG Autonomy- Punch Editorial Board by Kukutenla: 1:14pm On Jul 16
Pacesetter123:

You clearly stated in your submission that 1960 and 1979 constitutions only recognized 2-tiers of government.....FG and SG.But you failed to affirm emphatically how many tiers of government the 1999 constitution recognizes.
Perhaps,the SC based their judgement on the 1999 constitution and not 1960 own you quoted.
Read again
Re: Supreme Court Got It Wrong On LG Autonomy- Punch Editorial Board by lionshare: 1:17pm On Jul 16
Meti99:
...
Because we run a Presidential system of government ..
Everyone focuses on Abuja.
That's why everybody still blames Tinubu for every shit.
Let us run a Decentralized system and see how the psyche of Nigerians will change instantly to their immediate government
Then Tinubu himself will have peace

LGA financial autonomy is also a form of decentralization as it devolves financial power to the LGA.
Re: Supreme Court Got It Wrong On LG Autonomy- Punch Editorial Board by Pacesetter123(m): 1:31pm On Jul 16
osaro84:
In Nigeria, state governments have significant powers over Local Government Areas (LGAs) due to the country's federal system and constitutional provisions. Here are some reasons why state governments tend to have power over LGAs:

1. Constitutional provisions: The Nigerian Constitution grants states significant powers over LGAs, including the power to create, merge, or dissolve LGAs.

2. Funding: State governments are responsible for allocating funds to LGAs, which gives them significant control over local government activities.

3. Appointments: State governments often have the power to appoint key LGA officials, such as council chairmen or administrators.

4. Legislative powers: State legislatures have the authority to make laws governing LGAs, including laws related to taxation, land use, and public order.

5. Oversight: State governments are responsible for monitoring and supervising LGA activities, which can lead to interference in local government affairs.

6. Historical context: Nigeria's federal system has evolved over time, with state governments gradually gaining more powers over LGAs.

7. Political considerations: State governments often exert control over LGAs to consolidate political power, influence local politics, or gain access to resources.

8. Administrative convenience: State governments may find it easier to manage LGAs directly, rather than allowing them to operate independently.

9. Capacity building: State governments may argue that LGAs lack the capacity or resources to manage certain functions effectively, justifying state intervention.

10. Security considerations: In some cases, state governments may intervene in LGA affairs to address security concerns or maintain public order.

It's important to note that this doesn't mean LGAs are powerless or lack autonomy entirely. However, the current system and constitutional provisions give state governments significant influence over LGAs. Efforts to strengthen local government autonomy and reduce state control are ongoing in Nigeria.
I don't think your point 1 is correct.
The constitution doesn't give the state power to create any L.G.If they had such constitutional powers,then the 42 LCDA created by Tinubu in Lagos state would have gained full legal recognition by now.
But till today,the constitution still talks about 774 L.G.
Re: Supreme Court Got It Wrong On LG Autonomy- Punch Editorial Board by biina: 3:07pm On Jul 16
The constitution is clear that money for all LGAs should be credited through the state government and the manner of distribution of the funds among the LGs in a state is determined by the state assembly.

If governors are contravening the constitution, they should be prosecuted for it and if there is an issue with the current constitution, then the legislature should amend the constitution.

If governors re not holding LG elections, then make laws to ensure that they do so

But it is terribly wrong for the supreme court to ignore the constitution and ascribe to itself the power of the legislature to make laws.

Nigerians are now celebrating an illegality, and the next minute same will turn around and lament the state of affairs in the country undecided
Re: Supreme Court Got It Wrong On LG Autonomy- Punch Editorial Board by Meti99(m): 3:14pm On Jul 16
lionshare:


LGA financial autonomy is also a form of decentralization as it devolves financial power to the LGA.


No!
You don't have idea of what Decentralization means..
It means they will be in control of mineral resources in their region, generate money, build their land and send some percentage to the FG purse and not the other way round where the federal government will invade your land because of one faulty constitution and make you live at their mercy.
Re: Supreme Court Got It Wrong On LG Autonomy- Punch Editorial Board by kenoyad: 3:20pm On Jul 16
God bless you richly for this write up. Punchng.com disappointed me greatly on this bias editorial and affirmed my position that they tend to partisan politics in their journalism more. LGs need a special check to ensure effective management of their financial accounts not being an appendage of states on the ground of mismanagement which the state Govs are using against them. Genuine election by INEC and appropriate checks and balance would put LGs on right track.


quote author=FreeStuffsNG post=130979938]T he 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.

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 two paragraphs above are part of the inconsistencies in the Punch Editorial. In one breadth it blamed the LGs for owing primary school teachers and claimed that the problem was solved with the State-LGAs joint account while in another breadth it admitted that there is the problem of illegal dissolution of democratically elected LGA administration and replacement with caretaker committees funded from the joint account.

Another inconsistency is boxing federalism into a certain mould as if the financial independence of LGAs suddenly strips away the operation of true federalism. India and Brazil are bad examples because of their caste system against certain people and religions in their countries. The central government of Brazil is taking over indigenous lands by fiat while India's democracy doesn't pretend that it's a government of the Hindus by the Hindus for the Hindus so much that the central government can demolish Mosques and build Hindu temple to replace the Mosques. Which kind of federalism gives central government the authority to impose religion on a LG? That's no federalism and bad of the Punch to cite both Brazil and India.

The Supreme Court is in order by insisting that the LGAs democratically elected leaders can never be effective unless they enjoy financial autonomy. The constitution never denied or affirmed the LGAs financial autonomy so the SC is not wrong by recognizing that the same independence the federating States could exercise is because of their financial autonomy and same privilege should be extended to LGAs.

Primary School teachers were equally indicted too when it was discovered that many of them were always absent from work and many barely qualified to teach. Punch was silent on that. However, that's the problem of TRCN that should ensure that only professional teachers in its national register are recruited , it's not entirely the fault of the LGAs. If the payment of primary school teachers will be a problem then their salaries should be deducted from source so that no LG executive will tamper with their salaries. The rest should be monitored by EFCC and NFIU. If possible build special courts to quickly prosecute and severely punish any corrupt LG official and/or traditional institution Head.

That state-LG joint account arrangement is nothing more than a piggy bank for some state Governors and that's the weapon they use to remove democratically elected LG executives and even strip the traditional institutions of funds and render them impotent ,so much that insecurity has taken over at the local level while some Community Heads and royal authorities are at the mercy of rich bandits,
cultists and criminals who can easily buy their loyalty by placing them on their payroll with the illicit funds from their crimes. In Edo state, there's already complaint by the Gov that the Oba is using cultists to collect ishakole to run its operation when it should be funded by the LGAs and not hiring alleged cultists he is now blaming for the insecurity in Benin.

May God bless Nigeria for ever! Check my signature for free stuffs!
[/quote]

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Re: Supreme Court Got It Wrong On LG Autonomy- Punch Editorial Board by lionshare: 3:31pm On Jul 16
Meti99:

No!
You don't have idea of what Decentralization means..
It means they will be in control of mineral resources in their region, generate money, build their land and send some percentage to the FG purse and not the other way round where the federal government will invade your land because of one faulty constitution and make you live at their mercy.
I believe your explanation is your own opinion and not definition of decentralization; its beyond resource control. Again, financial autonomy of the LGA is a form of decentralization similar to resource control
Re: Supreme Court Got It Wrong On LG Autonomy- Punch Editorial Board by Meti99(m): 3:42pm On Jul 16
lionshare:
I believe your explanation is your own opinion and not definition of decentralization; its beyond resource control. Again, financial autonomy of the LGA is a form of decentralization similar to resource control
If it is not it it is not it...
Similar or familiar..
What Nigerians want and desire is true fiscal federation (People Republic of Nigeria) which was the tenet our founding fathers who knew the future built this country..
Whatever Tinubu offers now is a breach and betrayal of that tenet...and it will not stand the test of time.. another government will come tomorrow and rubbish it.

The stakeholders of this country have to come together and decide their constitution..
He has the Obasanjo and Jonathan sovereign national congresses to build on
Re: Supreme Court Got It Wrong On LG Autonomy- Punch Editorial Board by Kobojunkie: 5:20pm On Jul 16
Decotecho:
∆ All talk. What actions have you been part of that succeeded in modifiying the political/legal landscape?
All I'm hearing is the usual, "they should do . . . ", "you people should do". Easier said than done.
If you lived here, you would have seen me among those working to collect petitions and rally people to vote and more. I don't sit back and allow injustice fly in my community. grin
Re: Supreme Court Got It Wrong On LG Autonomy- Punch Editorial Board by osaro84: 6:02pm On Jul 16
Pacesetter123:

I don't think your point 1 is correct.
The constitution doesn't give the state power to create any L.G.If they had such constitutional powers,then the 42 LCDA created by Tinubu in Lagos state would have gained full legal recognition by now.
But till today,the constitution still talks about 774 L.G.

You are correct

1 Like

Re: Supreme Court Got It Wrong On LG Autonomy- Punch Editorial Board by maasoap(m): 6:10pm On Jul 16
[b] 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.

Lol at the Punch editor for giving unsolicited advice. Like his advice is new, like govs will simply stop the practices just because the advice comes from him grin grin grin
Re: Supreme Court Got It Wrong On LG Autonomy- Punch Editorial Board by biina: 7:28pm On Jul 16
lionshare:
I believe your explanation is your own opinion and not definition of decentralization; its beyond resource control. Again, financial autonomy of the LGA is a form of decentralization similar to resource control
LGs cannot be financially autonomous as long as they are not generating their own revenue. The only thing that is changing is who is controlling the finances of the LGs, from state governor to presidency undecided

Financial autonomy cannot happen without revenue decentralization. Who ever is paying the piper not all calls the tune, but also dictates the dance steps to go with it. undecided

In a true federal system, revenue is collected at the lower levels and relevant portion contributed upward and towards the center. In Nigeria we are distributing from the center, further ncentralizing finacial dependence, but some mumu are celebrating undecided
Re: Supreme Court Got It Wrong On LG Autonomy- Punch Editorial Board by lionshare: 9:14pm On Jul 16
biina:

LGs cannot be financially autonomous as long as they are not generating their own revenue. The only thing that is changing is who is controlling the finances of the LGs, from state governor to presidency undecided

Financial autonomy cannot happen without revenue decentralization. Who ever is paying the piper not all calls the tune, but also dictates the dance steps to go with it. undecided

In a true federal system, revenue is collected at the lower levels and relevant portion contributed upward and towards the center. In Nigeria we are distributing from the center, further ncentralizing finacial dependence, but some mumu are celebrating undecided

I’m sure within the next 90-days you’ll notice a renewed revenue drive by your LGA now that they’ve financial autonomy.

I’m looking forward to the implication of the new system on crimes.
Re: Supreme Court Got It Wrong On LG Autonomy- Punch Editorial Board by Kobojunkie: 9:47pm On Jul 16
Pacesetter123:
■ I don't think your point 1 is correct. The constitution doesn't give the state power to create any L.G.
■ If they had such constitutional powers, then the 42 LCDA created by Tinubu in Lagos state would have gained full legal recognition by now.
But till today,the constitution still talks about 774 L.G.
It does! See Sections 7 and 8

2. Whatever Tinubu created, referred to as LCDAs, probably did not qualify at all. undecided
Re: Supreme Court Got It Wrong On LG Autonomy- Punch Editorial Board by lawani: 11:05pm On Jul 16
blacknp:
Stop floating in your ignorance, Yankee has local governments called municipalities.

Make people wey never enter aeroplane local flight, No dey argue with people wey done live for stateside.

Living abroad does not really improve the intelligence or anything like that in reality or to any reasonable extent. It is reading and interest in current affairs that does that. After all how many countries can you visit in a life time?. I probably know more about the history of the country you live in than you do despite never having lived there.
Re: Supreme Court Got It Wrong On LG Autonomy- Punch Editorial Board by Kobojunkie: 11:09pm On Jul 16
Bulldozer90:
95% of Nigerians are ignorant. That's why politicians are exploiting them. There shouldn't even be anything called federal allocation. States generate their funds and give the central govt a percentage. There is no federalism in the world that has three tiers. It's always between the federal and regions/states. It's the states constitution that creates LGA in each states depending on the state's peculiarities and needs. LGAs are used by states to make governance easier. With this supreme court overreach, LGA being the most corrupt tier of govt will get more corrupt and people will suffer.
Yes there are. United States is one of them. In addition with the two controlling tiers, we have the Counties/LGs/Municipalities. undecided
Re: Supreme Court Got It Wrong On LG Autonomy- Punch Editorial Board by BluntCrazeMan: 6:02am On Jul 17
FreeStuffsNG:



By Punch Editorial Board



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


This news article is very wrong.

If the Constitution created the LGAs,, then we cannot come back again and be assuming that we are TRUE FEDERALISM where there are not supposed to be LGAs..

This is not sentiments..
This is the Nigerian Constitution.!!

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