The operation of the local government system in Nigeria under the 1999 Constitution created a constitutional dilemma

Abstract

The operation of the local government system in Nigeria under the 1999 Constitution created a constitutional dilemma, which is a national problem that has become a veritable source of political instability. The 1999 Constitution provides for a System of Local Government "by democratically elected council" which is to be established, managed and controlled under a law of a state. However, these powers granted to the states under Sections 7 subsection (1), 8 subsection (3), and 162 subsections (3), (6), (8) of the Constitution are also circumscribed by the combined implications of the operation of Section 3 subsection (6), which pegged the number of local governments existing in Nigeria as at May 29, 1999 and Section 7 subsection (1), Section 8 subsection (5), Section 9 subsections (2), (3), (4) and Section 162 subsections (3), (5), (7) of same Constitution which also, the same issue, conferred certain powers on the National Assembly. Apart from the constitutional and political difficulties of initiating or accomplishing any actions under Section 9 of the Constitution the powers granted the states are by the "doctrine of covering the field" circumscribed and rendered ineffective if the Federal Government decides to act under the aforesaid sections. The dilemma created by the combined operations of the aforesaid provisions of the 1999 Constitution has been a source of serious disputes between the Federal Government and some states that had sought to exercise their powers under sections 7, 8, 9 and 162 of the Constitution. This work attempts to study this problem, investigate factors that cause it and proffer solutions. In conducting this research, recourse has been had to the various constitutions of Nigeria since 1960 but in particular to the 1999 Constitution and statutes made thereunder, judicial decisions, opinions of learned authors of books, essays in journals, newspapers, conference materials, etc. This study finds that this constitutional dilemma has engendered serious constitutional disputes in the polity. We also found that local governments being the principal basis for the allocation of. socio-political and economic desiderata, especially parliamentary constituency delineation as well as revenue allocation, the Federal Government fears that the states may proliferate new councils and induce instability in the system. For this reason, the Federal Government through the National Assembly withholds the listing of state's newly created councils in the Constitution. In the light of these problems and our findings, we have made recommendations as possible solutions to the problem.