The yearnings for development in rural communities and urban localities have increased call for more local government creation in Nigeria. However, the question of who creates local government remains one of the controversies of the contemporary Nigerian federal arrangement. The study analyses the question of local government creation in Nigeria and the criteria for such creation.
Local government creation in Nigeria has been through numerous experiences that we tend to ask at some points in time: “who creates local government?” Numerous attempts have been geared towards bringing government nearer to the people at the most basic level. The importance of bringing government nearer to the people cannot be overemphasized. This translates to bringing services of great importance to the welfare and livelihood of the community. Such services have high positive implication on the standard of living of the people at this primary level of administration.
The Nigerian experience has brought another dimension to discourse of local government being a residual affair of the state government as it is obtainable in classic federal states like United States, Canada amongst others. In other words, creation of local government is the prerogative of state, provincial or regional government. The Nigerian case through the local government creation tussle between the federal government and Lagos State government has left many wondering which level of government wields the power to create local government.
This paper seeks to answer the shrouding question of ‘who creates Local Government?’ and highlight the criteria for creating local government in Nigeria. It does this through its various parts.
Table of Contents
1. INTRODUCTION
1.1 Local Government Conceptualized
2. CRITERIA FOR LOCAL GOVERNMENT CREATION
3. WHO CREATES LOCAL GOVERNMENT?
4. Conclusion and Recommendations
Objectives and Topics
This paper examines the constitutional controversies surrounding the creation of local government areas in Nigeria, specifically addressing the question of institutional authority and the established criteria for such creation. It aims to clarify the legal interplay between federal and state powers while highlighting the impact of these administrative processes on grassroots development.
- Conceptual definitions of local government systems
- Fundamental criteria for creating local government areas (population, historical background, economic viability)
- Legal and constitutional provisions governing the creation process
- The role of the 1999 Constitution in federal-state administrative conflicts
- Analysis of the Supreme Court's position on local government autonomy
Excerpt from the Book
CRITERIA FOR LOCAL GOVERNMENT CREATION
The unceasing demand for creation of local government is not far-fetched and cannot be dissociated from the need to engender and stimulate grassroots development, improve the civic consciousness and local participation in local governance which serves as the foundation upon which democracy itself is built. Moreover, the need to decongest the national government and relieve national leaders of onerous details about grassroots governance is another call.
In view of this, certain criteria are pertinent to be considered in local government creation. These criteria are: i. Population, ii. Historical background, iii. Social and cultural affinity, iv. Economic viability, v. Predilection of the central/state government.
Population: local government being the closest level of government must have a reasonably small population. The population must not be too small nor too large. The central idea herein is to foster closer relationship between the local populace with their government. In Nigeria, the 1976 Local Government Reforms identified the benchmark figure as between 150,000 and 800,000. Some local governments in France and other developed countries have as low as twenty thousand as population.
Historical background: the communities willing to form a local government area must necessarily possess a common historical background. This is to harness homogeneity of interest and preferences avoid certain conflicts which preeminent in heterogeneous communities.
Summary of Chapters
INTRODUCTION: This section provides the context for local government in Nigeria and establishes the conceptual framework by defining what constitutes a local government unit according to international and local standards.
CRITERIA FOR LOCAL GOVERNMENT CREATION: This chapter outlines the essential requirements that must be met to establish new local government areas, emphasizing population size, socio-cultural factors, and economic sustainability.
WHO CREATES LOCAL GOVERNMENT?: This chapter analyzes the legal and constitutional debate regarding which level of government has the authority to create new local government areas, focusing on the disputes between the federal and state governments.
Conclusion and Recommendations: This concluding section summarizes the challenges of the current constitutional arrangements and proposes that local government creation should be considered a residual matter for state governments to handle independently.
Keywords
Local Government, Nigeria, Constitution, Federalism, Grassroots Development, Constitutional Crisis, Local Government Areas, Fiscal Allocation, State Government, Supreme Court, Administrative Autonomy, Governance, Legislative Power, Decentralization, Public Administration.
Frequently Asked Questions
What is the primary focus of this paper?
The paper investigates the legal and constitutional processes for creating local government areas in Nigeria and addresses the persistent question of which tier of government holds the authority to do so.
What are the main thematic fields discussed?
The work covers constitutional law, federal-state relations, public administration, and the socio-economic criteria necessary for effective local governance.
What is the research objective of this study?
The objective is to identify the criteria for local government creation and to resolve the ambiguity regarding the institutional power to create new local government councils within the Nigerian federation.
Which scientific method is utilized?
The paper employs a legal and normative analysis of the 1999 Nigerian Constitution alongside historical evidence from local government reform guidelines and landmark judicial rulings.
What topics are covered in the main body?
The main body details the conceptual definition of local government, the criteria for its creation, the legal processes stipulated by Section 8(3) of the Constitution, and the political implications of these processes.
Which keywords characterize the work?
Key terms include Nigerian Federalism, Constitutionalism, Local Government Autonomy, Grassroots Governance, and Fiscal Allocation.
How does the author define local government?
The author references the United Nations Division of Public Administration and the 1976 Reform Guidelines, defining it as a politically constituted unit with substantial control over local affairs and defined powers authorized by law.
What was the outcome of the dispute between Lagos State and the Federal Government?
The Supreme Court ruled that Lagos State had the constitutional power to create new local government areas, though the Federal Government refused to release allocated funds despite the court's verdict.
What is the author's primary recommendation?
The author recommends that issues surrounding local government creation should be removed from the Federal Constitution and treated as residual matters, allowing state governments to manage them entirely.
- Quote paper
- Mujeeb Muraina (Author), 2018, Who creates local government and what are the criteria for local government creation in Nigeria, Munich, GRIN Verlag, https://www.grin.com/document/962643
