Anambra LGA Administration Law is in Conformity with 1999 Constitution – Soludo

Titus Eleweke, Awka Governor of Anambra State, Prof. Charles Soludo, has stated that the state local government council administration law was intended to strengthen the Supreme Court judgment. According to him, the Supreme Court judgment did not scrap Section 7 of the Nigerian Constitution, which empowers state Houses of Assembly to make laws for local […]

Titus Eleweke, Awka

Governor of Anambra State, Prof. Charles Soludo, has stated that the state local government council administration law was intended to strengthen the Supreme Court judgment.

According to him, the Supreme Court judgment did not scrap Section 7 of the Nigerian Constitution, which empowers state Houses of Assembly to make laws for local government administration, including finances.

He said the law only reinforces and enhances transparency and prudent management of local government funds, and it operates within the ambit of the Nigerian Constitution.

Soludo made this statement shortly after signing the Local Government Administration Law in Awka, the Anambra state capital.

The Governor explained that Section 7 of the 1999 Constitution mandates state Houses of Assembly to legislate for local government council administration across the country, which is what the Anambra State House of Assembly has just done.

He stated that the newly enacted local government council administration law does not in any way an affront to the Supreme Court judgment, noting that the law helps to strengthen the nation’s nascent democracy.

“This is where Section 7 of the Constitution comes handy, and the Anambra State House of Assembly has risen to the occasion. Happily, the Supreme Court did not nullify Section 7 of the Constitution. The new laws enacted by the Anambra House of Assembly are consequential to give operational life to the Supreme Court judgment and not to undermine it. If the State House of Assembly abdicates this constitutional duty, local governments would have no law governing the use and management of their finances, which the Constitution mandates the State House of Assembly to legislate on. Indeed, in many states, the Houses of Assembly retain the power to suspend or remove chairpersons of local governments.

“By the way, isn’t the legislative authority exercised by the State Assemblies under Section 7 of the Constitution similar to the powers granted by the Constitution to the National Assembly over the Federal Capital Territory and its Area Councils? I understand that the Senate President recently asked if it was indeed possible to grant the kind of ‘autonomy’ some people discuss without major amendments to the Constitution. Many Nigerians share this concern. I also understand that the Senate recently resolved to begin the process of constitutional amendment in this regard. This is a welcome development. But until that is done, our laws, pursuant to the Constitution and designed to give operational effect to the Supreme Court judgment, remain valid,” he stated.

Soludo added that the law intentionally aims to build a foundation for seamless operations in local government, as many local governments do not have the capacity to manage and pay all their bills.

According to him, without active collaboration and coordination between state and local governments, many local governments will end up in significant financial distress, necessitating bailouts from state governments or direct intervention from the federal government in cases of insolvency among the 774 local governments.

“The progressive legislations by the State Assembly are designed to unleash the creative powers of the local governments, encourage peer learning, optimize development outcomes in planning and execution among the local governments, as well as foster accountability and transparency.”

“The laws create multiple layers of collaborative oversight, whereby the local governments agree on funds to set aside and manage collectively for common services or first-line charges, while the remainder is appropriated by the Congress of Councillors in each local government.”

“In an innovative sense, the legislative powers—including powers of appropriation and oversight—now largely reside with the local government legislature, the Congress of Councillors, which is empowered to make bye-laws that function as regulations for local governments (as the House of Assembly is the body empowered by the Constitution to enact laws guiding local governments).”

“Since neither the Constitution nor the Supreme Court judgment prescribes the manner of appropriation, expenditure, and audit/accountability for local government funds, the House of Assembly and the Congress of Councillors fill in the gaps under the new laws pursuant to Section 7 of the Constitution,” he said.