by Nigerian News24 Correspondents
Amid growing calls for local government autonomy in Nigeria, former Lagos State governor, Babatunde Fashola, has argued that full independence for local councils is unattainable under the current constitutional framework.
Speaking on Channels Television’s Sunrise Daily on Saturday, Fashola said the structure of the 1999 Constitution does not support local governments operating without state oversight.
“It is unrealistic to expect autonomy for local governments created by the Constitution,” said the former Minister of Power, Works and Housing. “They were not meant to be autonomous. Some constitutional provisions, especially those assigning lawmaking power to state Houses of Assembly over local councils, contradict the very idea of autonomy.”
Fashola emphasized that true autonomy implies freedom from external control, which does not align with the role state assemblies play in legislating for local councils.
He also highlighted land ownership as a major constraint, noting that land—essential for infrastructure development—is controlled by state governments. “Without access to land, local governments cannot effectively carry out many of their constitutional responsibilities, such as building schools, healthcare centres, and markets,” he explained.
Referring to the Fourth Schedule of the Constitution, Fashola listed local government responsibilities like the operation of slaughterhouses, cemeteries, and primary healthcare, all of which depend on land access controlled by states. He argued that the current arrangement implies collaboration and oversight rather than full autonomy.
On the issue of funding, Fashola cited historical challenges, particularly the inability of some local councils to pay salaries and pensions before 1999, which led to the creation of the state-local government joint account system under Section 162 of the Constitution.
“Before the return of democracy in 1999, local governments received allocations directly from the Federation Account,” he said. “But many defaulted on basic obligations like paying primary school teachers and healthcare workers. That failure contributed to the establishment of the joint account for better oversight.”
He acknowledged that the current oversight mechanisms may have become problematic themselves, saying, “Whether the supervisors have now become as culpable as those they were meant to supervise is another conversation.”
Commenting on the Supreme Court’s July 2024 ruling that barred governors from dissolving elected local councils and granted financial autonomy to LGs, Fashola said the decision was a positive step, but the legal community remains divided on whether the judgment can withstand constitutional scrutiny.
“No patriot would say all is well with local governments,” Fashola stated. “But if we want them to be truly autonomous, we must be willing to amend the Constitution and address critical issues like land control and legislative powers.”