A Lagos-based lawyer, Mr. Ige Asemudara, has stated that the recent Supreme Court judgment granting financial autonomy to local governments should prompt amendments to several provisions of Nigeria’s Constitution.
Asemudara, the Founder of Mission Against Injustice in Nigeria, discussed the implications in an interview with newmen on Sunday in Lagos.
“With the judgment, the issue of local government autonomy vis-a-vis direct payment of accrued funds to their accounts without recourse to the state is now settled,” Asemudara said. “However, it is not yet uhuru. There are still other issues clogging full autonomy. Besides, the judgment has passed a half-baked pie to us. There is a need to amend a number of our constitutional provisions.”
He highlighted that the provisions requiring amendment included Section 3(6) and the First Schedule listing local governments.
“It is an aberration that Section 3(6) and the First Schedule take away what Section 8(3) has given. It will be a further aberration to invite INEC to conduct local government elections. We still have a long walk to freedom, and we must not faint,” Asemudara said.
Mr. Kabir Akingbolu, another lawyer, described the judgment as a landmark achievement and a victory for democracy. He praised the apex court for the ruling, stating that it safeguarded democracy at the local government level.
“By this judgment, it is now impossible for governors to take money belonging to local governments anyhow,” Akingbolu said, expressing optimism that local government autonomy would accelerate development at the grassroots.
“Now, as a local government chairman, you can employ and sack your own worker, unlike in the past when you could even be issued a query for suspending staff. The effects of the judgment are far-reaching, though some people might not be seeing it. It is indeed a good one for democracy,” he added.
Akingbolu also noted that, with the judgment, local governments governed by caretaker committees would not be able to receive federal allocations directly.
“As of today, 21 of the 36 states in the country are being operated by caretaker committees. It means the 21 states’ local governments will not collect allocations because it is very clear from the judgment that it is a new dawn for democracy in Nigeria. Also, allocations can only be for local governments mentioned in the First Schedule of the constitution. It also means that local council development areas may not function again, and if they want to function, the state governments concerned may be funding them,” he said.
Akingbolu commended state governors who were satisfied with the judgment.
