System of Local government administration

Creation of Local Governments

The creation of Local Governments in Nigeria is a controversial issue. This emanates from the fact that whereas the State is expected to enact a law for the creation of local governments, the authority for recognition of newly created local governments is vested in the National Assembly. By virtue of section 7(1) of the 1999 constitution, the state is expected to enact a law for the existence of local government. The procedure for such creation is contained in section 8(3). S. 8(5) and (6) empowers the State Houses of Assembly to make returns for to National Assembly to amend section 3 and the First Schedule to the Constitution to give recognition to such creation by amending the names and headquarters of LGs stated in the Constitution.

Functions of Local governments

Again, section 7(1) gives the State government the power to enact a law which provides for the functions of local governments. Section 7(5) gives the Local Government the power to exercise functions contained in the fourth schedule to the constitution. It has been argued that the Fourth Schedule provides for two types of functions of local governments namely: The Main function and the Concurrent functions. The former are roles which are exclusively reserved for the local government while the latter includes functions which the Local Government may share with the State Government.

The main functions of a local government council are as follows:

1. the consideration and the making of recommendations to a State commission on economic planning or any similar body on the economic development of the State;
2. collection of rates, radio and television licenses;
3. establishment and maintenance of cemeteries, burial grounds and homes for the destitute or infirm;
4. licensing of bicycles, trucks (other than mechanically propelled trucks), canoes, wheel barrows and carts;
5. establishment, maintenance and regulation of slaughter houses, slaughter slabs, markets, motor parks and public conveniences;
6. 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;
7. naming of roads and streets and numbering of houses;
8. provision and maintenance of public conveniences, sewage and refuse disposal;
9. registration of all births, deaths and marriages;
10. 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; and
11. control and regulation of out-door advertising and hoarding, movement and keeping of pets of all description, shops and kiosks, restaurants, bakeries and other places for sale of food to the public, laundries, and licensing, regulation and control of the sale of liquor.

The Concurrent functions of a local government council shall include participation of such council in the Government of a State as respects the following matters -

1. the provision and maintenance of primary, adult and vocational education;
2. the development of agriculture and natural resources, other than the exploitation of materials;
3. the provision and maintenance of health services; and
4. such other functions as may be conferred on a local government council by the House of Assembly of the State.

Where a function is main and not concurrent, only the local government can perform such a function and not any other body as was stated in Knight Frank & Rutley Nig. Ltd v AG Kano State. Also see Bamidele v Commissioner for Local Government.

Finance of Local governments

It is expected that a State House of Assembly can enact a law on finance of local governments pursuant to section 7(1) of the Constitution. Section 7(6) allows the Local Government to receive revenue from the Federation account. However, by virtue of section 162(5), revenue standing to the credit of local government from Federation Account will be paid to the State government for a disbursement to the affected Local government. Accordingly, each state is to maintain a State joint local government account where each local government will access its funds from the Federation Account as stated in the case of AG Lagos v AG Federation. Also see AG Abia v AG Federation.

Election to Local government council

The Constitution guarantees a democratic system of government at the local level pursuant to section 7(1). However, the legislative powers to make electoral laws to govern the local governments are vested in the Federal and State governments. The National Assembly is expected to make law on registration of voters. Thus, INEC is empowered to register voters to prepare and maintain voters register in order to facilitate election at local government level. On the other hand, the State Independent Electoral Commission is given the power to organize and undertake all elections to local Government councils. It is therefore the joint responsibility of INEC and SIEC to ensure the smooth conduct of election at the Local Government level.