The 1999 Constitution and Crises of Governance at the Local Government Level: Implications for the Stability of Democracy in Nigeria

Abstract

The paper examined constitutional provisions in the 1999 constitution as they affect governance at the local level and their implications on the stability of democracy in Nigeria. The argument was that problems confronting local government in Nigeria are aftermath of some provisions in the 1999 constitution which deprived local government of its status as a government. The word ‘local’ as attached to the word ‘government’ is only in theory, and deceptive. In praxis, local government in Nigeria exists as an appendage of the state government. Crisis of governance, the paper observed are caused by contradictions in the Nigerian constitution which often-times generate intergovernmental conflicts between the federal and state governments. The study frowned seriously at the state-local government joint account which has become a conduit pipe used by state government to siphon local government funds from the federation account and at the same time refuses to release 10% of its internally generated revenue to local government as clearly spelt out in Nigeria 1999 constitution, even when they (state governments) are aware that local government sources of internally generated revenue are not viable. In an effort to be properly informed and guided, the study adopted the survey method using secondary sources of data which included literature review of publications, newspapers, magazines, textbooks, journals and internet materials. The study derived its theoretical foundations from the efficiency services school led by Mackenzie (1961) which sees local government as an efficient agent for providing services that are local in nature to meet the expectations of the local people, prevent crisis and stabilize democracy in the country. The paper concluded with prognosis for action which included amendment of the Nigerian constitution or expunge of those anti-local government provisions that have constituted a stumbling block to effective functioning of local government and granting of financial and administrative autonomy to Nigerian local governments.