Flowerbud News

Tag: Local Governments

  • THE RETURN OF GRASSROOTS DEMOCRACY: HOW LOCAL GOVERNMENT ADMINISTRATION IS GAINING NEW RELEVANCE IN NIGERIA

    THE RETURN OF GRASSROOTS DEMOCRACY: HOW LOCAL GOVERNMENT ADMINISTRATION IS GAINING NEW RELEVANCE IN NIGERIA

     

    By Sylvester Udemezue

    (1) *BACKGROUND*

    For many years, conversations about governance in Nigeria often revolved around the Federal Government and the States, while the Local Government system, the tier of government closest to the people, appeared increasingly weakened, marginalized and unable to fully perform its constitutional responsibilities. Across the country, many citizens came to view Local Government Councils as little more than administrative extensions of State Governments. Local Government elections frequently attracted limited public interest. Chairmen and Councillors often operated under severe financial and political constraints. In many instances, local governance lost its attractiveness, vibrancy and capacity to serve as the foundation of democratic participation.

    Today, however, a new conversation is emerging. A combination of political will, institutional reforms and a landmark Supreme Court judgment delivered on 11 July 2024 has reignited national attention on grassroots governance and has created fresh opportunities for the revitalisation of Local Government administration in Nigeria.

    (2). *THE REALITY BEFORE THE REFORMS*

    Before the recent developments, one of the major concerns regarding Local Government administration was the operation of the State Joint Local Government Account.

    Although established under constitutional arrangements, critics argued that the system often enabled excessive control of Local Government finances by State Governments. Consequently, many Local Government Councils struggled to exercise meaningful financial autonomy.

    As a result

    (a). Local Government administration became increasingly dependent on State Governments

    (b). Development initiatives at the grassroots level often suffered delays or limitations.

    (c). Many citizens lost confidence in Local Government institutions.

    (d). Local Government elections attracted less enthusiasm than they ought to have.

    (e). The position of Local Government Chairman gradually lost much of its appeal and strategic significance.

    Over time, concerns grew among scholars, civil society organisations, legal practitioners and democratic reform advocates that the constitutional vision of Local Government as a distinct tier of government was being undermined.

    (3). *PRESIDENT TINUBU’S INTERVENTION*

    One of the most consequential governance initiatives undertaken during the administration of President Bola Ahmed Tinubu was the Federal Government’s decision to approach the Supreme Court seeking the protection of constitutional Local Government autonomy. Through the Attorney-General of the Federation, the Federal Government instituted proceedings against the thirty-six State Governments, asking the Supreme Court to restore the constitutional status of Local Government Councils and ensure that funds allocated to them reach them directly.

    This move represented a significant institutional effort aimed at strengthening democratic governance at the grassroots level.

    (4). *THE LANDMARK SUPREME COURT JUDGMENT*

    On 11 July 2024, the Supreme Court delivered what many observers have described as one of the most important constitutional judgments in Nigeria’s democratic history.

    The Court held, among other things, that:

    (a). Funds allocated to Local Governments should be paid directly to them.

    (b). State Governments should not retain or control Local Government allocations.

    (c). Democratically elected Local Government Councils must be respected.

    (d). Caretaker arrangements cannot replace constitutionally recognised elected councils indefinitely.

    (d). Local Governments are entitled to exercise their constitutional functions as a distinct tier of government.

    The judgment effectively reaffirmed the constitutional place of Local Government administration within Nigeria’s federal system and sought to address longstanding concerns about financial dependence and political subordination.

    (5) *THE POSITIVE IMPACT ALREADY BEING FELT*

    Although the reforms are still evolving, several positive developments are becoming increasingly visible.

    1. *Renewed Interest in Grassroots Politics:* Across many parts of Nigeria, Local Government politics is attracting renewed attention. Political actors, community leaders, youth groups and stakeholders increasingly recognize that Local Government leadership may now possess greater relevance and practical significance than before. The office of Local Government Chairman is once again being viewed as an important platform for development and public service.

    2. *Increased Financial Expectations:* With direct allocation mechanisms being pursued following the Supreme Court judgment, Local Governments are expected to have greater access to resources intended for grassroots development. Where properly managed, this can translate into: Better rural roads, improved primary healthcare; Enhanced sanitation services; More effective primary education support; Expanded agricultural initiatives; Stronger community development programmes.

    3. *Strengthening Democratic Accountability:* When citizens know that resources are reaching Local Governments directly, expectations for transparency and accountability naturally increase. Local Government Chairmen and Councillors may now find themselves under greater public scrutiny, thereby encouraging more responsible governance.

    4. *Revitalisation of Constitutional Democracy:* The judgment reinforces an important democratic principle: government should not be concentrated at a single level. Strong Local Governments create opportunities for broader participation, leadership development and citizen engagement. Democracy becomes more meaningful when it is experienced not only in Abuja and State Capitals, but also in wards, villages, districts and communities.

    (6). *The FCT Experience: A Sign of Renewed Confidence:*

    The recent Area Council elections in the Federal Capital Territory offered an indication of the growing relevance of grassroots governance. Political activities surrounding the elections generated considerable attention among stakeholders and contestants. Many observers believe that one reason for this renewed interest is the increasing recognition that Local Government institutions may now possess greater authority, visibility and developmental potential than they did in previous years. While competitive elections alone do not guarantee good governance, heightened public interest in Local Government contests is nevertheless a positive democratic indicator.

    (7). *A New Era of Possibility*

    It would be premature to suggest that all challenges facing Local Governments have been resolved. Issues of accountability, capacity building, transparency and responsible management of public funds remain critically important. Indeed, financial autonomy must be accompanied by financial discipline. Direct funding alone cannot guarantee development. Good leadership, prudent management and active citizen participation will ultimately determine whether the promise of Local Government autonomy translates into tangible improvements in the lives of ordinary Nigerians.

    Nevertheless, it is difficult to dispute that the 2024 Supreme Court judgment and the efforts that led to it have altered the national conversation about grassroots governance. For perhaps the first time in many years, Local Government administration is once again occupying a central place in discussions about democratic development and public service delivery.

    (7). *CONCLUSION*

    History may ultimately record the Local Government autonomy initiative as one of the most significant institutional reforms undertaken during the administration of President Bola Ahmed Tinubu.

    By supporting the constitutional restoration of Local Government authority and pursuing a judicial resolution to longstanding concerns over Local Government finances, the administration helped reopen the door to a stronger and more vibrant grassroots democracy. The task before Nigerians now is to ensure that this opportunity is not wasted. If Local Government leaders embrace transparency, accountability and service, and if citizens remain actively engaged in monitoring governance, the result could be a genuine democratic renaissance at the grassroots level. A stronger Local Government system means stronger communities. And stronger communities ultimately mean a stronger Nigeria.

     

    (Respectfully,
    Sylvester Udemezue (Udems).
    udemsbackup@gmail.com.)

  • Time for FG to release Osun LG funds

    Time for FG to release Osun LG funds

     

    Courtesy:  Tribune Editorial Board

    FOR some time now, Osun State has been in the news for the wrong reasons, embroiled in a protracted crisis over the control of its local government councils.

    At the heart of the matter is the Federal Government’s continued seizure of the monthly statutory allocations due to the state’s local governments. This seizure, which began in February 2025, followed a Court of Appeal’s judgment on February 10, which dismissed the Peoples Democratic Party’s (PDP) objection to the October 2022 local government elections held during the administration of Governor Gboyega Oyetola.

    The court held that the PDP’s suit, which had earlier succeeded at the Federal High Court, was incompetent because it was filed before the Osun State Independent Electoral Commission (OSIEC) issued the election notice.

    The All Progressives Congress (APC) interpreted the appellate court’s ruling as a reinstatement of its chairmen and councillors. When the sacked officials attempted to resume office, violence erupted, tragically resulting in the loss of lives.

    This crisis has a history. In the controversial October 2022 elections, APC candidates emerged winners across the state, as other parties boycotted the process, citing legal concerns over the shortened notice period. Apart from the PDP’s legal challenge, the Action Peoples Party (APP) also filed a separate suit, arguing that the elections violated the provisions of the Electoral Act. In November 2022, the Federal High Court in Osogbo nullified the elections, sacking all the elected officials.

    The APC appealed the ruling in the APP case but failed to prosecute the matter diligently. It filed no processes, including the record of proceedings. After two years of inactivity, the Court of Appeal struck out the case, declaring the APC’s inaction as abandonment. Relying on the standing judgment, and a state high court order, the administration of Governor Ademola Adeleke conducted fresh local government elections in February this year.

    In a bid to reopen the APP case, the APC filed for a relisting of its abandoned appeal. But in a unanimous judgment delivered on June 13, 2025, Justice Peter Obiorah dismissed the application as lacking merit. He aptly described the APC’s delay as a “self-inflicted injury,” invoking the legal maxim volenti non fit injuria (no one can complain of harm they willingly brought upon themselves).

    Justice Obiorah further noted that a party with a known three-year tenure could not reasonably sleep on its rights for two years. He held that with no subsisting appeal against the Federal High Court’s 2022 judgment, that ruling stands as the binding legal position on the status of local government leadership in Osun State. The verdict is clear.

    Justice Oyebisi Omoyele, in a concurring judgment, noted that the February 10, 2025 judgment of the same Court of Appeal dismissing an almost identical appeal, along with the fresh elections held on February 22, had rendered the relisting application moot.

    Justice Omoyele said: “Critically, this court has earlier delivered judgment on the 10th of February, 2025 in appeal number CA/AK/207/2002 involving basically the same parties and addressing substantially the same issue. The said appeal has been dismissed. What is more, a fresh local government election conducted on the 22nd of February, 2025, and the swearing-in of the new chairmen and councillors have overtaken the sub-stratum of the main issue. Relisting the appeal at this time will serve no practical purpose. That means it will become an academic exercise.”

    Despite these clear judicial pronouncements, the Federal Government has acted in defiance of the law. Rather than obeying the June 13, 2025 judgment, the Attorney General of the Federation, Chief Lateef Fagbemi (SAN), insisted on recognising the previously sacked APC officials, claiming that the February 10 judgment had reinstated them.

    Consequently, the Federal Government began moves to release local government funds to these deposed officials. In a deeply controversial move, the Office of the Accountant General of the Federation, via a letter dated June 10, 2025 and signed by one Okolie Rita, directed that any two of the chairman, treasurer, or director of finance/personnel in each local government in Osun should apply to open accounts with the Central Bank of Nigeria (CBN) for the local governments.

    This directive provoked outrage, as it bypasses the legal and statutory frameworks for financial administration at the local level. Local government chairmen, being politicians, are not signatories to government accounts; the law mandates only designated career officers for such roles.

    Joining the chorus of condemnation, the Nigeria Union of Local Government Employees (NULGE), through its President General, Comrade Aliyu Haruna Kankara, decried this blatant disregard for the July 14, 2024 Supreme Court ruling affirming financial autonomy for local governments.

    He accused the CBN of violating the directive on direct allocation payments to local councils, reminding all concerned that the lawful signatories remain the Directors of Finance and Supplies and Directors of Administration and General Services, with countersignatures from the LG chairmen and Heads of Local Government Administration (HLAs).

    Kankara appealed directly to President Bola Tinubu, urging him to resist “this affront on the law” and reject attempts to undermine the legacy he built as governor of Lagos State in defending local government autonomy.

    The situation in Osun is as dangerous as it is unacceptable. The fact that the Federal Government promptly complied with a Supreme Court judgment nullifying local government elections in Rivers State but has chosen to ignore a binding judgment in Osun raises troubling questions about selective justice and the abuse of federal power.

    It gives the impression of partisanship and deepens public distrust in the rule of law. Disobedience to court judgments undermines judicial authority and threatens the foundations of democracy. To withhold the entitlements of duly elected local governments without a court order is not only illegal, it is dangerous. It robs Osun’s local government workers, including teachers, of their salaries and undermines development at the grassroots.

    The Supreme Court’s landmark ruling on LG financial autonomy was meant to liberate local governments from state captivity, not transfer the power to capture them to the Federal Government. If Abuja begins to overrule validly constituted governments at subnational levels simply because it can, then Nigeria’s federalism is in peril.

    The Federal Government’s handling of the Osun situation, flouting judicial decisions, generating needless political tension, and setting a dangerous precedent, is troubling. The perception that it engineered this crisis using federal might for partisan gain is spreading. The use of state power to bypass legal outcomes threatens the very integrity of Nigeria’s constitutional order.

    The Federal Government, particularly the office of the Attorney General of the Federation and the Central Bank of Nigeria, have not done well in this case. Can funds meant for government operations really be handed over to unauthorised private individuals housed in a non-government building? Are judicial rulings only respected when they benefit the ruling party? These are questions that must be answered with action, not silence.

    We align with NULGE in calling on the Federal Government to immediately release Osun’s local government funds through the proper legal channels, as is being done for other states. The people of Osun State deserve peace, and local government workers and teachers deserve their pay. More importantly, Nigeria deserves a government that obeys the law.

    The Federal Government will lose nothing by complying with the Court of Appeal’s judgment affirming the tenure of those elected in the February 2025 Osun local government election. What it will gain, however, is the moral authority of doing what is right.