The 1999 Constitution of the Federal Republic of Nigeria constitutionally divides Nigeria?s tiers of government into federal, state, and local levels.

The Nigerian Constitution assigns local governments several key responsibilities, including providing economic advice to the state, collecting taxes, and managing cemeteries, markets, roads, and public spaces.

Meanwhile, Nigeria has 774 of these grassroots tiers?local government areas (LGAs)?each governed by a local council led by a chairman, with councillors forming the legislative arm.

Each LGA is divided into 10 to 20 wards overseen by a councillor who reports to the chairman/council.

However, despite the various constitutional roles and autonomy granted to local governments, some state governors have lately reduced them to ?puppets.? These governors unconstitutionally appoint local government caretaker committees, selecting individuals who will carry out their directives rather than uphold the interests of the local population.

To restore the constitutional autonomy of local governments (though not total), the Supreme Court issued a landmark ruling on 11 July 2024 affirming that democratically elected local governments are fundamental and non-negotiable.

The ruling also banned the widespread practice of state governors appointing caretaker committees to manage local councils and prohibited federal allocations to councils administered by caretaker committees.

?Emergency? Local Council Elections

Following the Supreme Court?s ruling, several states in Nigeria quickly conducted local government elections. Tribune Online examines the states that have held elections since that controversially celebrated judgment was delivered.

1. Ebonyi State

The Ebonyi Independent Electoral Commission (EBSIEC) declared the APC the winner of the local council elections held on 20 July 2024 ? about nine days after the Supreme Court ruled. The APC secured all 13 chairmanship seats and 171 ward councillor positions in a contest involving the APC, All Progressives Grand Alliance (APGA), and the Labour Party (LP).

2. Bauchi State

The ruling Peoples Democratic Party (PDP) in Bauchi State won all 20 local government chairmanship seats in the elections held on 17 August 2024. However, the opposition APC rejected the results, describing them as fraudulent.

3. Kebbi State

The Kebbi State Independent Electoral Commission (KESEIC) declared the APC the winner of the local council elections held on 31 August 2024. The APC, which is the ruling party in the state, secured all 21 chairmanship seats and 225 ward councillor positions in an election contested by 17 political parties. However, PDP boycotted the election, alleging that the KESEIC chairman and his commissioners were members of the APC.

4. Kwara State

The Kwara State Independent Electoral Commission (KWSIEC) conducted elections across the 16 local governments on 21 September 2024. The APC, Allied Peoples Movement (APM), PDP, Social Democratic Party (SDP), and Accord Party participated. The ruling APC swept all 16 chairmanship positions and 193 councillorship seats. The last local government elections in the state were held in 2017?yes, seven years ago?and caretaker committees have managed the councils since then.

5. Imo State

Imo State conducted local council elections on 21 September 2024. Like in Kwara State, the ruling APC won all 27 chairmanship positions and 305 councillorship seats. Seventeen political parties participated in the elections, which took place two years after the previous local council polls in 2022.

6. Enugu State

The PDP won all the chairmanship positions in the council elections held in Enugu State on 21 September 2024. Prof. Christian Ngwu, Chairman of the Enugu State Independent Electoral Commission (ENSIEC), announced the results and commended the commission for conducting a free and fair election.

7. Sokoto State

Similarly, the ruling APC swept all 23 chairmanship seats in the local government elections held in Sokoto State on 22 September 2024. At least 15 political parties participated in the elections, though the PDP did not participate.

8. Anambra State

The All Progressives Grand Alliance (APGA) achieved a sweeping victory in the September 28, 2024, local government elections in Anambra State, winning all chairmanship and councillorship positions across the 21 local government areas. Like others, APGA is the state?s ruling party.

9. Rivers State

In Rivers State, the Rivers State Independent Electoral Commission (RSIEC) declared the Action Peoples Party (APP) the winner of 22 of 23 chairmanship seats in the local government elections held on 5 October 2024. The APP, regarded by some as a proxy party of the state governor, Siminalayi Fubara, won the elections despite protests from both PDP and APC members and the Police?s refusal to provide security, citing a Federal High Court ruling.

10. Benue State

The APC was declared the winner of the local government elections conducted on 5 October 2024 across all 23 local government areas in Benue State. The party also won all councillorship seats in the 276 council wards, with none of the seven other political parties securing any victory.

11. Akwa Ibom State

In Akwa Ibom, the ruling PDP secured a dominant victory in the local government elections, winning 30 out of 31 councils in the 5 October 2024 polls. The APC, however, claimed victory in Essien Udim Local Government Council, the home area of Senate President Godswill Akpabio.

Before the Supreme Court?s ruling in July, only a few states conducted local council elections in years as most state governors often appoint caretaker administrations to oversee local affairs.

In addition to the states mentioned above, many others, such as Kogi, Kaduna, and Osun, have

also scheduled dates to conduct their local council elections.

Supreme Court?s Ruling on LG Autonomy; The Genesis

The Supreme Court ruling did not emerge in isolation but culminated in the difference in perspectives of the federal government and state governors regarding the management and autonomy of local governments.

To end this trend of state governors frequently appointing local government chairmen and councillors as caretakers, the Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi, on behalf of the President Bola Tinubu-led federal government, sued all 36 state governors through their respective state attorneys-general.

The suit sought to ensure that full autonomy and direct funding be granted to all 774 local government councils across the country as opposed to the previous arrangement, in which funding meant for local government was mostly controlled and misinterpreted by state governments from a joint account.

In the suit, based on 27 grounds, the AGF requested the Supreme Court issue an order preventing state governors from unilaterally, arbitrarily, and unlawfully dissolving democratically elected local government leaders.

LG Autonomy: What Does Supreme Court Judgment Say?

Many have described the judgment of the suit SC/CV/343/2024, delivered by the apex court on Thursday, 11 July 2024, as a landmark ruling.

In the judgment delivered by Justice Emmanuel Agim, the seven-man panel declared that it is unconstitutional for state governors to withhold funds allocated for local government administration. The apex court stated that Nigeria?s 774 local government councils must manage their funds and enjoy financial independence from state governments.

The judgment emphasised that governmental power is divided into three arms: federal, state, and local, each with distinct roles and responsibilities. It ruled that state governments lack the authority to appoint caretaker committees and asserted that only democratically elected local government councils are valid.

Furthermore, the court highlighted that a democratically elected local government is sacrosanct and non-negotiable, reinforcing the importance of local governance by elected officials.

Also, the judgment determined that using caretaker committees equates to state governments taking control over local governments, thereby violating the 1999 Constitution. The court warned that state governments are promoting a dangerous trend by preventing democratically elected councils from functioning and appointing loyalists who serve at the governors? directives instead.

The judgment further stated that local government council funds should only be paid to democratically elected councils, with any deviation from this being considered gross misconduct.

The court equally issued an injunction to prevent state governments, their agents, or affiliates from spending local government allocations.

However, whether local governments will truly be autonomous remains uncertain; the results of the ?emergency? local council elections show that the ruling party in each state won nearly all the local government seats, raising questions about the credibility of the elections and suggesting that state governors may still be indirectly controlling the affairs of local governments.

How Stakeholders Reacted

The local government autonomy ruling was met with mixed reactions from Nigerians, particularly from Nigeria?s political stakeholders. Former Vice President Atiku Abubakar described it as a win for the country.

According to him, the ruling was a positive step and a significant corrective measure to advance national development.

Atiku criticised the previous system of funding local governments, arguing that channeling local councils? revenues into state government accounts was a politically motivated decision made hastily.

Similarly, the Nigeria Labour Congress (NLC) welcomed the Supreme Court?s ruling on local government autonomy.

NLC President Joe Ajaero said in a statement that the ruling restored hope in the country?s democracy and judiciary.

He commended the decision, which mandated that financial allocations be made directly to local governments, as bold and courageous.

On the contrary, Oyo State Governor, Seyi Makinde, described the judgment as a mere distraction from more pressing issues.

Responding to the ruling, Makinde emphasised the need to focus on the fundamental issues of productivity, hunger, and discontent in Nigeria.

He said partly, ?So the judgment of the Supreme Court, there is local government autonomy, financial autonomy, and all of that, and I will still say it, I think it?s just a distraction. We must face the real issues that we have.? (Nigerian Tribune)

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