Local Governments system and Governors’ impunity

There is a great challenge in Nigeria, beyond the extant security, economic, constitutional, political, and social challenges. Our fundamental problem is the mindset, the attitude, character, lack of decency, decorum, and morals of the leadership. It is the mindset of impunity, being above the law and an understanding that the law is not meant for all and can always be violated without consequences. Crime and punishment have been delinked and in the process the rule of the jungle is promoted. The extant local government system provides a clear example of how a system created for acceleration of development and democratic consolidation has been turned into the exact opposite of the ideals.

The 1999 Constitution provides a schedule of states and the local governments in the states. It visualises a democratically elected and run local government system that will attend to the needs of the people at the grassroots. Specifically, S.7 (1) of the Constitution states that: “The system of local government by democratically elected local government councils is under this Constitution guaranteed; and accordingly, the Government of every State shall, subject to Section 8 of this Constitution, ensure their existence under a Law which provides for the establishment, structure, composition, finance and functions of such councils”.The local government system was designed to reflect federal and state level structures of an elected executive in the chairperson and a deputy and elected legislature composed of councilors. Thus, executive, and legislative powers were to be exercised at the local government level.

The constitution in Schedule Four provides for functions of local governments. These include collection of rates, radio and television licences;  establishment and maintenance of cemeteries, burial grounds and homes for the destitute or infirm;  licensing of bicycles, trucks (other than mechanically propelled trucks), canoes, wheel barrows and carts;  and establishment, maintenance and regulation of slaughter houses, slaughter slabs, markets, motor parks and public conveniences. Others are  construction and maintenance of roads, streets, street lightings, drains and other public highways, parks, gardens, open spaces, or such public facilities as may be prescribed from time to time by the House of Assembly of a state; naming of roads and streets and numbering of houses; provision and maintenance of public conveniences, sewage and refuse disposal; registration of all births, deaths and marriages; and assessment of privately owned houses or tenements for the purpose of levying such rates as may be prescribed by the House of Assembly of a state. Furthermore, local governments oversee control and regulation of – (i) out-door advertising and hoarding, (ii) movement and keeping of pets of all description, (iii) shops and kiosks, (iv) restaurants, bakeries, and other places for sale of food to the public, (v) laundries, and (vi) licensing, regulation, and control of the sale of liquor.

How have state governments (governors) responded to this constitutional mandate for democratic local government system? Today we have local government laws enacted by State Houses of Assembly that give very limited tenures to elected local government chairpersons and councilors. Officials elected at the local government level are removed at the whim and caprices of governors. They do not serve at the pleasure of the electorate who by the constitution are the ultimate sovereigns. Despite the Supreme Court and Court of Appeal decisions on the illegality of dissolving elected local governments on the assumption of office of a new state governor, governors have continued the practice and, in most instances, have disobeyed the judgement of the Supreme Court. In many instances, governors have appointed unelected caretaker chairpersons. When elected governors who have immunity from suit and legal process disobey court orders, what is the remedy for persons disadvantaged by their disobedience? The victims are left to their fate as legislators at the state Houses of Assembly wo are supposed to check the excesses of governors are also part of the conspiracy to disobey court orders.

When elections are purportedly held for local governments by State Independent Electoral Commissions, the party of the governor “wins” all the chairmanship seats and not less than 90 per cent of the councillorship seats. Even when the ruling party has clearly become unpopular, SIEC appointed by the governor declares them winners. Elections and manipulated by state governments and the votes do not count. Welcome to Nigeria’s definition of democracy.

Again, the constitution provides in Section 162 as follows: “(6) Each state shall maintain a special account to be called “State Joint Local Government Account” into which shall be paid all allocations to the Local Government Councils of the State from the Federation Account and from the Government of the State. (7) Each State shall pay to Local Government Councils in its area of jurisdiction such proportion of its total revenue on such terms and in such manner as may be prescribed by the National Assembly”. This simple method of transmitting money to local governments through the joint account has been the most problematic part of local government administration. It has provided the umbrella for state governments to literally pilfer, withhold and mismanage local government funds. Even attempts made by the Federal Government to monitor and stop state governors from continued looting of local government funds have not yielded the desired results and the looting continues. No one is even discussing the provision that states should make available about ten percent of their internally generated revenue to local governments.

The constitution has made provisions for a local government chairman leading the executive and councilors who are elected as members of the local government legislature – preparing and approving budgets, bye laws, and enforcing and implementing policies on matters detailed in Schedule Four of the Constitution. Since 1999, most local governments in Nigeria have got federation accounts allocation amounting to more than N40billion. But a visit to these local governments cannot show projects that are valued up to N5billion while the salaries and wages of local government staff may not amount to the same amount. Where has the money gone? Into the pockets of the excellent thieves and their cronies. A stealing that goes on in broad day light with no one to call the excellent thieves to order and brazenness of the stealing shows that we are dealing with degenerated mindsets, men and women who have no conscience left and who the system cannot evidently call to order.

Constitution provisions were made on the assumption that rational human beings will occupy seats of power, especially as state governors. The provisions were made on the assumption of checks and balances between the executive and legislature at the state and federal levels. The constitution did not anticipate state capture and the pocketing of a state by one man under the guise of being addressed as “His Excellency”.  The extent of looting shows that we have men lacking in character, decency, decorum, and morality occupying seats as governors. The looting is outside the contemplation of the constitution.

This level of impunity demands citizens mass action considering that the constitutional structures have not been allowed to work and have been sabotaged by governors and their cronies. Nigerians need to reclaim their space from their governors the band of looters.