On January 26, 2024, an X user (formerly Twitter) posted a thread with the headline “BREAKING NEWS: NATIONAL ASSEMBLY GRANTS FULL AUTONOMY TO THE 774 LOCAL GOVERNMENTS OF NIGERIA AS INEC IS NOW TO CONDUCT LOCAL GOVERNMENT ELECTIONS..”
The second highlight of the thread is that “ “The National Assembly on Tuesday, granted full financial and administrative autonomy to all the 774 local council authorities across Nigeria by amending section 124 of the nation’s constitution….. The section equally deleted the State Independent Electoral Commission (SIEC) from the constitution, thereby vesting the powers to conduct council elections on the Independent National Electoral Commission (INEC).”
According to the Twitter thread, the main reason for the constitutional amendment is to grant all the 774 Local Governments full financial and administrative autonomy without undue interference from the State Government(s).
Claim I: Did the 10th National Assembly grant the 774 Local Governments full autonomy?
The financial autonomy of all Local Governments is on the premise that the Local Government authorities are entitled to federal allocations. Also, section 162, subsection (5) of the 1999 Constitution of the Federal Republic of Nigeria and the Allocation of Revenue Federation Account, Act provides that “the Local Government, in each quarter of the financial year, is entitled to a sum representing 10 per cent of the internally-generated revenue for that quarter of the State concerned.”
However, with these constitutional provisions and arrangements, the Local Government authorities across the country do not have the autonomy or independence (conferred on them). The imbalance is because states were empowered to disburse the allocation to LGs without any adequate guidelines. Several states, therefore, use the allocation to serve their personal political agendas or pay their LGs in an unsustainable manner.
In August 2023, the State Government in 34 out of the 36 states of the federation were accused of diverting and mismanaging Local Government funds. In November 2023, it was discovered that 313 out of 774 LGs are ran by sole administrators under the whims and caprices of the State Government.
It was on this premise that the National Assembly embarked on the amendment of the constitution to specify the guidelines and spell out “full autonomy” for all the 774 Local Government authorities. The two chambers of the National Assembly have therefore harmonised the amendment of section 124 of the constitution to grant full financial and administrative autonomy to all the 774 local council authorities across Nigeria. The section provides a consequential provision for the making of the local councils, a full third tier government without undue interference from the state governments.
However, the amendment is yet to sail through, especially as the alteration will be forwarded to all the 36 States House of Assembly and that will be followed by a presidential assent. Even though there is continuous debate on the need for presidential assent to endorse a constitutional amendment, the two-fold procedure (National and States Assembly) for proposal and ratification is sacrosanct.
Verdict: TRUE
The two chambers of the National Assembly have harmonised the amendment of section 124 of the constitution to grant full financial and administrative autonomy to all the 774 local councils across Nigeria. However, the amended bill will be sent to all 36 State House of Assemblies and then forwarded for presidential assent.
Claim II: INEC to conduct Local Government elections
Verification:
The CDD War Room can confirm that the amended section 124 of the constitution has abolished the creation of a State Independent Electoral Commission (SIEC) from the constitution thereby vesting the powers to conduct council elections on the Independent National Electoral Commission (INEC). This will only come into effect if the amended bill passes through all processes and gets presidential assent. If that happens, the Independent National Electoral Commission (INEC) will be vested with the constitutional power to conduct all Local Government elections.
Verdict: TRUE
The amended section 124 of the 1999 constitution has abolished the creation of a State Independent Electoral Commission (SIEC) from the constitution thereby vesting the powers to conduct council elections on the Independent National Electoral Commission (INEC). However, until the State House of Assemblies pass the amended bill and forward to the president for assent, LG elections will be conducted by State Independent Electoral Commissions (SIEC).
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