LG Autonomy: Osun Reverts to 30 LGAs

By Blessing Adegbite

The creation of the 774 local government areas (LGAs) in Nigeria is a significant event in the country’s history, with far-reaching implications for governance, administration, and development.

Before the creation of the LGAs, Nigeria was a colonial entity with a centralized system of governance. The British colonial administration governed the country through a series of provinces and divisions, which were later replaced by regional governments.

In the 1950s and 1960s, there was a growing demand for decentralization and local government autonomy in Nigeria. This movement was driven by the need to reduce the central government’s dominance and promote grassroots development. The country’s first civilian governor, Sir Ahmadu Bello, played a key role in this movement.

In response to these demands, the military government of General Olusegun Obasanjo introduced the 1976 Local Government Reforms. This reform aimed to create a new system of local government that would be more decentralized, democratic, and responsive to the needs of local communities.

As part of the 1976 reforms, the Nigerian government created 774 local government areas (LGAs) across the country. This decision was based on a recommendation by the 1975 Local Government Commission, which was set up to review the existing system of local government and make recommendations for reforms.

You will recall that the creation of Local Council Development Areas (LCDAs) in Osun State was a major initiative undertaken by Governor Rauf Aregbesola during his administration from 2010 to 2018.
Prior to the creation of LCDAs, Osun State had 30 local government areas, which were established in 1996.

Aregbesola’s administration embarked on a reform of the local government system, which led to the creation of 30 LCDAs in 2012. The LCDAs were carved out of the existing local government areas, with each LMDA covering a smaller population than a traditional local government area.

The bill was introduced by Hon. Kehinde Odeniyi, a member of the Osun State House of Assembly representing Iwo Constituency.
The bill Title: “A Bill for the Creation of Local Council Development Areas (LCDAs) in Osun State, 2010” Bill Number: HB. 005, Passed on the 27th of October, 2010 and Assented on the 3rd of November, 2010.

The Supreme Court of Nigeria has indeed ruled on the issue of Local Government Autonomy, which has implications for the creation of Local Council Development Areas (LCDAs).

In the case of Lagos State Government Nigerian Labour Congress & Others (2002) 12 NWLR (Pt. 771) 1, the Supreme Court held that the creation of LCDAs by Lagos State Government was unconstitutional and in violation of the principles of local government autonomy.

The court’s decision was based on several grounds, including:
The Local Government Law (Lagos State) Cap. L5, 1973, which created the LCDAs was inconsistent with the Constitution of the Federal Republic of Nigeria, 1999.
The creation of LCDAs usurped the powers of the local government councils and the state government, as provided for in the Constitution.

The LCDAs were not created by the local government councils themselves, but rather by the state government, which is not authorized to do so under the Constitution.
The court further held that the creation of LCDAs was a threat to the autonomy and independence of local governments, as enshrined in the Constitution.

The Supreme Court’s ruling in this case invalidates the creation of LCDAs by Lagos State Government and other states in Nigeria, as it is unconstitutional and in violation of local government autonomy.

It’s worth noting that this decision has implications for other states in Nigeria that have created LCDAs or similar structures, as they may be required to review and reconstitute their local government structures to comply with the Constitution.

In May this year, the federal government through the attorney-general of the federation (AGF) and minister of justice, Prince Lateef Fagbemi, SAN filed a suit at the Supreme Court of Nigeria accusing the state governments of running the local government aground.

On July 11, the apex court gave a landmark judgment on the financial autonomy of Nigeria’s 774 local governments. It also condemned the dissolution of elected local government councils by state governors. A seven-member panel of the supreme court, chaired by Justice Mohammed Garba, disagreed with the position of the state governments and concluded that the plaintiff’s case had merit.

Reading the ruling, Justice Agim stated: “It is the position of this court that the federation can pay local government allocations directly to the local governments or through the states. In this case, since paying them through the states has not worked, justice demands that local government allocations from the federation account should henceforth be paid directly to the local governments.” He said: “I hold that the states’ retention of local government funds is unconstitutional.”

This judgement will undoubtedly empower local government councils to control their resources, bringing government closer to the people. However, to ensure the prudent use of allocated funds, everyone has to hold these councils responsible.

In accordance with the ruling of Supreme Court on local government autonomy, which invalidates the creation of Local Council Development Areas, Osun state reverses back to 31 constitutionally recognised local government councils in the state.

In a move to bolster local government autonomy, the Osun State House of Assembly led by the pragmatic Speaker, Prince Adewale Egbedun, on Tuesday, 8th of August 2024 passed two crucial bills into law, the Osun State Independent Electoral Commission (Amendment 1) Bill, 2024 and the Osun State Local Government Areas (Creation & Administration) (Amendment 7) Bill, 2024.

The key objectives of these bills are to align the state’s legislation with the recent Supreme Court judgment that upheld the independence of local governments.
The Osun State Independent Electoral Commission Bill seeks to regulate the state’s electoral body to conduct elections in the recognised 30 local government areas.

It also empowers the elected local government chairmen to appoint chief administrators into the Local Council Development Areas (LCDAs) and the six area councils within their respective jurisdictions.
Furthermore, the Local Government Creation and Administration Bill provides the elected local government chairmen with the authority to make appointments that will enable them to effectively discharge their duties.

The chief administrators appointed to the LCDAs and area councils will work closely with the chairmen and report back to them.
The passage of these bills is seen as a significant step towards strengthening the autonomy and decision-making capabilities of local governments in Osun State.

The legislation will now be sent to the state’s executive governor for assent.
This move aligns with the recent Supreme Court judgment that upheld the constitutional provisions for local government autonomy, granting them more financial and administrative independence from state governments.

Osun reversing to the traditional 30 local government area, on the rulling of the supreme court granting the 774 local government in Nigeria autonomy, which is essential for the effective development and good governance in the grassroot. It will also promotes decentralization, efficient service delivery, enhanced participation, economic development, accountability, reduced corruption, improved resource management, cultural preservation, emergency response, and national unity.

Therefore, it is essential that the Nigerian government continues to promote and support local government autonomy in order to achieve sustainable development and improve the lives of its citizens, which no doubt Governor Ademola Adeleke is a leading example with the his administration’s giant strides in infrastructure, health, Education and provision of basic amenities.