Tinubu and the unfinished business of local government autonomy

It is quite sad that since July 11, 2024, when the Supreme Court delivered a landmark judgement emphatically affirming the autonomy of local governments, compliance has remained elusive. More than a year after that clear pronouncement, implementation has been dragged out, with state governors and other stakeholders, by action or inaction,  frustrating its full implementation.

President Bola Ahmed Tinubu’s latest declaration on enforcing the judgement, though welcome in rhetoric, has so far not demonstrated the seriousness required to translate words into action. A Supreme Court judgement is not a policy option to be weighed or negotiated; it is the law. It is not meant to be second-guessed by anyone, least of all by political actors who swore to uphold the Constitution and the rule of law.

From the outset, what the President ought to have done was straightforward: issue firm directives for immediate compliance with the judgement and ensure enforcement through all constitutional means available to him. If necessary, an executive order should have been issued to compel implementation. Leadership is not exercised by pleading with governors to obey the law. The Constitution already empowers the President to ensure that judicial decisions are respected and enforced across the federation. He should sit up and be the president he ought to be.

The prolonged delay has also become an indictment of the ruling All Progressives Congress (APC). With the party now controlling 28 of the 36 states, the failure to implement the judgement raises troubling questions. Opposition figures have alleged that the federal government has deliberately used the enforcement of local government autonomy as a bargaining chip to pressure opposition governors into defecting. Whether true or not, the President must act decisively to dispel this perception. What has transpired over the past year hardly reflects respect for the judiciary or fidelity to constitutional governance.

Local government is the third tier of government, not an appendage of state governments. It must be allowed to function independently, as envisaged by the Constitution and reaffirmed by the Supreme Court. Anything short of this undermines democracy at its foundation and deprives citizens at the grassroots of effective governance.

We also call on state governors to respect the Constitution they swore to protect. Continuous abuse of power, particularly through the strangulation of local councils, betrays not only the spirit of federalism but also the trust of the people. Governors must begin to act like statesmen, genuinely concerned about the welfare of their citizens rather than the consolidation of power.

If the President believes that issuing an executive order will fast-track compliance, he should go ahead and do so. That said, if there is genuine political will to implement the judgement, such an order should hardly be necessary. The law is already clear.

A brief flashback is instructive. At the return to democratic governance in 1999, local governments enjoyed a measure of autonomy that translated into tangible development and impact at the grassroots. Over time, that system was bastardised through the connivance of successive presidencies and state governors, leaving local councils hollowed out and ineffective.

Section 162 of the Constitution provides for a joint account between states and local governments. Unfortunately, this provision has been routinely abused by governors to emasculate local councils financially. It may now be necessary for the federal government to return to the Supreme Court to seek a categorical interpretation, including a clear ruling on the maximum percentage that local governments could contribute through this account for joint projects, to prevent further abuse.

Equally troubling is the role of state legislatures, many of which have colluded with governors in subjugating local governments. They should note that their actions lend credence to growing arguments for the abrogation of states altogether and for the strengthening of local governments as the second tier of governance. This is a dangerous path that undermines the federal balance.

Our hope, at Daily Trust, is that full compliance with the Supreme Court’s judgement will finally take effect in the first quarter of the new year. Local governments must be restored to their rightful place, functioning as envisaged by the Constitution and capable of delivering the dividends of democracy to the people at the grassroots. Anything less would amount to a continuing assault on the rule of law and democratic governance in Nigeria.

Nigerians can now invest ₦2.5 million on premium domains and profit about ₦17-₦25 million. All earnings paid in US Dollars. Rather than wonder, click here to find out how it works.

Join Daily Trust WhatsApp Community For Quick Access To News and Happenings Around You.