The Attorney-General and Minister of Justice stirred the hornet’s nest again as regards the issue of local government autonomy. The Minister expressed concerns about the mal-administration of local governments’ portion of the Federation Account Allocation Committee (FAAC) by the States Joint Account Allocation Committee (JAAC), the tenure of office of local government Chairpersons that is often times truncated by Governors and this coupled with the subnational governments' failure to conduct local government elections and thus, in many cases, preferring to appoint Caretaker Committees and or Sole Administrators to administer local governments in breach of the constitution.

The Minister is also of the opinion that the responsibility for conducting local government elections should be transferred to the Independent National Electoral Commission (INEC) because of how State Independent Electoral Commissions (SIECs) now come across as bad advertisement for democracy.

We sympathise with the Attorney-General who we believe from his antecedents sincerely desire a truly representative democracy where development will be bottom up as opposed to the top down approach we are currently executing.

However, given the saying that beheading is not the antidote for headache, he can not in the process of trying to solve a challenge that can easily be put right, cause a damage that will have fundamental repercussions to our country and our fledgling democracy. ARG posits that our democracy needs to be strengthened by operating as a truly federal structure where the two tiers of government, the national and subnational, operate as equal partners. Any attempt to create a third frontier in local government autonomy is a call for future chaos and it bodes no good for anyone.

The federal government must completely hands off local government administration- it is the prerogative of the subnational. Let the reforms come from that level through legal means and civic advocacy. That is what will stimulate enduring change. Any other approach like the one being touted will only engender confusion.

While the Afenifere Renewal Group(ARG) commends the sincere intention of the Minister to further trickle down good governance to the people, it is important to clearly state that the construct of local government autonomy, as being ideated, essentially undermines the underpinnings of federalism as a governance template. The proposed alteration is essentially anathemic to the fundamental principles of federalism because it subtly offers the central government power to control activities at local level within the territory of the State. Though, no two federal systems are the same, one of the fundamental principles of federalism is the parity in relationship between the two levels of government established (i.e. central and subnational government). Not being a federating unit, it is an aberration that local governments' administrative costs would be drawn from the federation account, as they are unknown to the central authority as created by the subnational blocks.
Further, the autonomy,as being conceived, focuses more on “rents sharing” as opposed to creating and enhancing productive capacities at the local government level. What is waiting to be accomplished is focusing on optimizing productive capacities of our economy.

Moreover, the State tier, by virtue of its legislative mandate over development management enjoys the most effective and efficient coordinators precept over its territory. At a time when the mitigation of the ravages of climate change, rapid urbanisation, land grabs and the associated insecurity and food poverty are increasingly being intertwined with efficacious management of land and biodiversity, the quest for autonomy being envisaged further undermines the capacity of federating unit governments to seamlessly plan comprehensively across their territories. The putative autonomy of local government, most importantly undermines the capacity of state governments to manage vulnerable rural areas that are now melting pots of different security risks. What could be more complicating, when higher authorities from the Centre hold strategic interests that run contrary to those of the sub-nationals or the federating units; and they hold the fiscal life-line of the autonomous local governments!

While it is most unacceptable that some State Governors are holding onto resources that should percolate to municipal authorities under them, the standard procedure should be enabling the appropriate legal and financial institutions of state to confront and stymying the unwholesome act and affecting punishment as may be appropriate. To that extent, the focus for our country at this point in time should be optimal unleashing of regional potentials rather than investing energies towards outright eradication of the vestiges of Nigeria's federalism still operational and manifesting in the control being wielded by States over the affairs of the local government areas within their jurisdictions.

Further, the heist on local government resources or any other resources for that matter, as being the crux of current agitations, should rather as highlighted earlier be deemed a corruption issue, and an extension of tier-inclusive governance failure.

It would be recalled, that, President Bola Ahmed Tinubu (GCFR), himself, as a Governor in Lagos State, had running battles with the Federal Government, first and victoriously, with respect to the prerogative reserved by States when it comes to land management and control, and second, with respect to the powers of States to create local governments, an endeavour that would be stonewalled by the reactionary and unitary standpoint of the government of that era. This second endeavour would project him as a quintessential champion of true federalism.

Now that he is in charge, and considering the current circumstances of our nationhood that make optimal unleashing of regional resources and blockage of any form of haemorrhage even more pressing and expedient, the sustenance of the prebendalist order where Local Governments that were created by military fiats and indeed by mere delineation of swathes of lands into jurisdictions to confer on certain regions' gerrymandering and fiscal allocational advantages, without recourse to whether they have the resources and means to attain autarky, can no longer be acceptable.

Our federal system would stand strengthened when the local governments construct as currently available in the constitution is delisted, with the States reinvigorated to determine what administrative structure suits them.

However, while we maintain that the federating units or States reserve the right to subdivide its territory into suitable adminstrative structures and determine their powers and responsibilities, the ARG strongly favours elective autonomy for any so envisaged local government structure. This, however, would not justify why INEC should be responsible for organising elections of adminstrative structures for any State tier that is an equal opportunity partner with the central government in a federal arrangement. INEC, over the years, has equally not proven to be independent enough to guarantee fairness. Similarly,as currently constituted,the SIECs have also not shown capacity and have rather come across as bad advertisement for democracy. But they can be and should be reformed and rejigged to bequeath flawless elections therefrom.

It is based on the foregoing that the ARG has voted not to support the autonomy being proposed for the local governments. It must however be clearly and firmly stated that this position was informed by the altruistic quest to protect the sovereignty of our States cum Region in line with the fundamental principles of federalism.

Nevertheless, we are not oblivious of the rightful agitation of a segment of our society for what has been described as local government autonomy because of the seeming lack of governance or effective service delivery in our local communities.
Therefore, we strongly appeal that current sub national governments not already doing so, should immediately take deliberate steps towards addressing some of those concerns, particularly the issue of democratic local government Councils and full and effective discharge of financial obligations to local governments under their jurisdiction.

For Afenifere Renewal Group

Hon. Olawale Oshun.
Chairman

Chief Ayo Afolabi
Secretary