Prof. Samuel Oguche, a respected law lecturer and Senior Executive Fellow at the National Institute for Legislative and Democratic Studies, Abuja, has clarified that Nigeria’s current Constitution does not permit the separation of states and Local Government Areas (LGAs), even in light of the recent Supreme Court ruling affirming LGA financial autonomy.
Speaking at a three-day induction course for newly elected Kogi State local government officials and financial staff in Lokoja, Prof. Oguche emphasized that the court’s decision, while important for granting financial independence, does not change the constitutional framework that places LGAs firmly under state control.
“The lives of the LGAs are determined by the State Houses of Assemblies, which legislate their existence and functions,” he explained. He noted that Section 7 of the Constitution vests the administration of LGAs as a prerogative of the 36 states, not the federal government. “For the fact that the Supreme Court granted autonomy to the LGAs, the states and local government areas can’t be separated,” he stated.
Prof. Oguche also highlighted the challenges facing local government autonomy, including financial dependence, political interference, corruption, and mismanagement. He advocated for legislative reforms to align state laws with the Supreme Court judgment and called for constitutional amendments to clarify the status of the joint state-local government accounts.
He urged improved capacity building, transparency, and financial independence for LGAs to enhance grassroots governance and democratic consolidation in Nigeria. “Until and unless the laws are amended, the various state houses of assemblies enact laws on how the 774 LGAs are run,” he concluded.
