Despite growing conversations around local government autonomy in Nigeria, a legal scholar has reaffirmed that the current Nigerian Constitution does not provide for the separation or independence of states and local government areas (LGAs). Professor Samuel Oguche, a Senior Executive Fellow at the National Institute for Legislative and Democratic Studies and a visiting law professor at Bingham University, made this assertion in Lokoja during a three-day induction course for newly elected Kogi State local government officials and financial administrators.
Speaking on the theme “Understanding the Dynamics of Local Government Autonomy in Nigeria: Challenges and Benefits,” Prof. Samuel Oguche clarified that the Supreme Court’s recent decision affirming financial autonomy for LGAs does not equate to legal independence or the capacity to operate outside the purview of state governments.
“The Constitution remains clear. Section 7 of the 1999 Constitution vests the creation, structure, and operation of LGAs under the authority of state governments through their Houses of Assembly. While the Supreme Court decision promotes autonomy in terms of finance, it does not grant full independence or the right to secede from state control,” he stated.
Oguche emphasized that Nigeria operates a federated system where LGAs are components of state governance. He warned that any interpretation of the Supreme Court’s ruling as permission for LGAs to function entirely independently would be constitutionally inaccurate.
He added that LGAs remain subject to the laws of their respective states, and only constitutional amendments can change that dynamic.
“Until the Nigerian Constitution is amended, no local government can claim full independence. The 774 LGAs are still structured and regulated by their respective state laws,” Oguche asserted.
The professor also raised concerns about the outdated state of local government by-laws, some of which have remained unchanged for over four decades. According to him, these outdated laws hinder responsive governance at the grassroots level and limit the scope for innovation and service delivery.
He listed key challenges facing local governance, including financial dependence, political interference, corruption, and administrative inefficiencies.
In proposing a path forward, Oguche recommended constitutional reforms to clarify the status of state-local government joint accounts, promote fiscal transparency, and enhance oversight mechanisms.
“To ensure true autonomy and effective grassroots governance, we need deliberate legislative action, improved capacity building, and a renewed commitment to transparency and accountability at the local level,” he advised.
He advocated the institutionalization of training programs for LGA officials, improved financial management frameworks, and robust audit systems to track spending and deter corruption.
The event was attended by senior government officials, policy experts, and civil society representatives who echoed the call for systemic reforms and capacity development at the local government level.
Oguche’s comments come amid a nationwide debate over local government reform, spurred by the Supreme Court’s recent ruling supporting direct allocation of funds to LGAs. While hailed as a victory for decentralization, critics argue that financial autonomy must be matched with structural and legal clarity to avoid friction between states and LGAs.
As the country awaits further legal and political moves, experts continue to call for a comprehensive constitutional review that will address ambiguities and pave the way for a truly autonomous and effective local government system in Nigeria.