By; PATRICK TITUS, Uyo The 2025 Annual Conference of the Civil Society Organisations (CSOs) has ended in Uyo, Akwa Ibom State with various spe
By; PATRICK TITUS, Uyo
The 2025 Annual Conference of the Civil Society Organisations (CSOs) has ended in Uyo, Akwa Ibom State with various speakers at the conference advocating the review of the Federal Republic of Nigeria’s 1999 Constitution as amended in order to address the grey areas affecting effectiveness local administration in the Country.
The conference, themed, “The State of Local Government Administration in Nigeria using Akwa Ibom State as a Case Study” was organized by the Centre for Human Rights and Accountability Network (CHRAN) for members of the civil society organisations, human rights groups, non-governmental organisations, professional bodies, trade unions and community-based organisations among others in Nigeria.
It was meant for participants to meet minds and assess governments and governmental policies and programmes across the Nigerian State.
A Senior Advocate of Nigeria (SAN) and former National Legal Adviser of the Peoples Democratic Party (PDP), Emmanuel Enoidem in his opening speech foresaw the possible positive transformation across the 774 local government areas in Nigeria.
Enoidem (SAN) who was the chairman at the conference, however said, “If Nigeria is to achieve true development and participatory democracy, the local government system must be revived, restructured and fully empowered by clear and unambiguous provisions in the Constitution.
Noting the assigned specific functions for the local government councils as prescribed in Section 7(5) Fourth Schedule, the Constitution also mandates direct allocation of funds as prescribed in Section 7(5) and 162 (3), (5), (6), (7) and (8), Enoidem complained about the breech of these constitutional provisions.
“As many of us here understand, local government administration is the tier of governance closest to the people. It meant to serve as a vehicle for grassroots development, social inclusion, and responsive governance. However, across the country, there are persistent questions about its autonomy, accountability and effectiveness. He acknowledged.
Barring his mind on whether local governments are truly autonomous, the Legal Luminary said, “There is no law at the moment which makes the local government councils completely autonomous. At least not the present state of the provisions in the 1999 Constitution.
“The nearest and latest attempt to grant autonomy to local government councils came from the Supreme Court of Nigeria in the case of AG of the Federation v AG of Abia State & Ors (2024) LPELR-62576(SC) decided on July 11, 2024. I must say with all sense of responsibility that the Supreme Court completely misfired in this judgement. The judgement is to say the least a piece of judicial legislation”. He posited.
On the same development, Dr Udeme Nnana, who delivered a keynote address, called on the National Assembly to amend Section 3, Subsection 6 of the 1999 Constitution which specifies the number of local government councils in Nigeria by removing that Section completely in order to liberalize the creation of more development areas and centres by States.
According to Nnana, who is the Chief Lecturer and Head of Department of Mass Communication at Akwa Ibom State Polytechnic Ikot Osurua, it would enable development to become more evenly spread to more rural communities.
“The reason is that, in a truly federal system, the federating units comprise only the states and the Federal government. Local governments are not and should not be treated as federating units. The tenure of local government councils should also be extended to four years and renewable for a second and final tenure to align with the constitutionally prescribed tenure of all democratically elected political office holders in Nigeria.
“It is confusing that the Federal Government, through the Supreme Court, in its judgement of July 11, 2024, in a matter instituted by the Attorney – General of the Federation ruled that Funds be paid directly to local government councils but section 197 (1) b provides for States to fund State Independent Electoral Commissions (SIEC ) whose only responsibility is to conduct elections into local government councils. The question arises, who would provide the money to SIEC ? How?” Dr Udeme said.
He also raised cursion against local government chairmen from being ostentatious in spending of councils’ funds, in view of the huge amount of money that raked in to councils’ treasurery from Federal Allocations Committee.
Rather, Local Government Councils should become conversant with their mandates as set out in the constitution and in addition, align their plans, policies and programs with the Millennium Development Goals and Sustainable Development Goals, Dr Nnana added.
Earlier in his welcome address, the Director of the Centre for Human Rights and Accountability Network (CHRAN), Otuekong Franklyn Isong noted that the Nigerian Constitution which came into effect 26 years ago needed to be reviewed or total overhauled if the challenges facing grassroots development must be addressed.
“For us in the CHRAN, we believe that no matter the situation, democratic government at Local Government level is preferable to any other form of government. The current Nigerian democracy is founded on a Constitution that the General Abdulsalami Abubakar-led military junta hurriedly packaged and imposed on Nigerians using Decree No. 24 of 1999.
“This Constitution that is twenty six years in existence has not effectively addressed Local Government administration’s multifarious problems and challenges. There is no doubt that the extant Constitution requires a fundamental review, if not a complete overhaul.
“For instance, Section 2(2) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), states that Nigeria shall be a federation consisting of States and a Federal Capital Territory. It excludes the Local Government Councils as part of the federation thus impeding grassroots development in Nigeria.” CHRAN Director alluded.
CHRAN Director lauded the Akwa Ibom State Governor, Pastor Umo Eno for not tempering with the local government funds as release to 31 local government areas of the state from
Federal Account Allocation Committee (FAAC)
He however expressed dismay that inspite of the huge funds acruing to the local government areas in the state, poverty still hold the populace in captivity blaming it on literacy on part most council chairmen as well as the skewed process that brought them to office.
“The 31 Local Government Areas of Akwa Ibom State under the present administration of Pastor Umo Eno have become 31 poverty brewing centers, which is a crying shame in the face of the huge monthly Federal allocations to the 31 Local Governments. We note, sadly, that since the inception of the current Council Chairmen, majority of them do not appear to know their functions as vested on them by the Constitution of the Federal Republic of Nigeria, 1999 (as amended), and that is anathema to good governance.
“The Local Government Chairmen have failed to provide the needed grassroots governance and developments to the people and this could be traceable to the recruitment process that brought them into office.” Otuekong Isong posited.
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