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
- Introduction
- Local Government Conceptualized
- Criteria for Local Government Creation
- Population
- Historical Background
- Social and Cultural Affinity
- Economic Viability
- Predilection of the Central/State Government
- Who Creates Local Government?
Objectives and Key Themes
This paper aims to address the contentious issue of local government creation in Nigeria, specifically identifying the responsible authority and the criteria involved. It examines the constitutional provisions and legal interpretations surrounding this process, analyzing the interplay between state and federal government powers.
- The authority responsible for creating local governments in Nigeria.
- The criteria considered for establishing new local government areas.
- The legal framework governing local government creation, as detailed in the 1999 Constitution.
- Analysis of the constitutional crisis stemming from differing interpretations of the law.
- Examination of the practical challenges and controversies surrounding local government creation.
Chapter Summaries
Introduction: This introductory section sets the stage by highlighting the historical context of local government creation in Nigeria. It emphasizes the importance of bringing governance closer to the people and improving their welfare. The introduction establishes the central question: who has the power to create local governments? The ambiguity surrounding this question, particularly concerning the relationship between federal and state governments, is highlighted, setting the framework for the subsequent analysis of the legal and practical aspects of local government creation.
Local Government Conceptualized: This chapter provides various definitions of local government, drawing from international organizations (the UN) and scholarly work. It compares differing perspectives, including those emphasizing the democratic representation of local councils, financial autonomy, functional independence, and the importance of a defined geographical territory and population. The chapter contrasts the ideal characteristics of local government in developed nations with the realities of the Nigerian system, highlighting the significant differences and inherent challenges.
Criteria for Local Government Creation: This section outlines the key criteria considered when establishing new local government areas in Nigeria. These criteria include population size (with historical benchmarks mentioned), historical background and shared identity among the communities, social and cultural affinity to promote harmony, and economic viability to ensure long-term sustainability. The chapter also discusses the role of the state and federal governments in the decision-making process, emphasizing the constitutional mandate for democratically elected local councils. The discussion of economic viability underscores the financial aspects crucial for successful local governance.
Who Creates Local Government?: This chapter delves into the core controversy surrounding the power to create local governments in Nigeria. It analyzes Section 8(3) of the 1999 Constitution, which outlines the process involving the State House of Assembly, local government councils, and a referendum. The chapter further examines Sections 8(5) and 8(6), which detail the role of the National Assembly. The ambiguity in constitutional interpretation is illustrated by the 2002 conflict between Lagos State and the Federal Government over the creation of new local government areas, highlighting the ongoing tensions and unresolved issues related to this critical aspect of Nigerian federalism.
Keywords
Local government creation, Nigeria, federalism, state government, federal government, 1999 Constitution, local governance, grassroots development, democratic elections, constitutional crisis, economic viability, population distribution, social and cultural affinity, legal interpretation.
Frequently Asked Questions: A Comprehensive Guide to Local Government Creation in Nigeria
What is the purpose of this document?
This document provides a comprehensive overview of local government creation in Nigeria. It examines the legal framework, key criteria, responsible authorities, and challenges involved in establishing new local government areas. It includes a table of contents, chapter summaries, objectives, and key themes, along with keywords for easy reference.
Who is responsible for creating local governments in Nigeria?
This is a complex issue with no single, clear answer. The document analyzes Section 8(3), 8(5), and 8(6) of the 1999 Nigerian Constitution, highlighting the roles of the State House of Assembly, local government councils, a referendum, and the National Assembly. The ambiguity in the Constitution's wording has led to significant conflict and differing interpretations, as illustrated by the 2002 conflict between Lagos State and the Federal Government.
What are the key criteria for creating a new local government area in Nigeria?
Several criteria are considered, including population size (with historical benchmarks), historical background and shared identity of the communities, social and cultural affinity to foster harmony, and economic viability to ensure long-term sustainability. The document emphasizes the importance of balancing these factors to create functional and successful local governments.
What is the legal framework governing local government creation in Nigeria?
The primary legal framework is the 1999 Nigerian Constitution, specifically Section 8. This section outlines the process and the involved parties, although the ambiguous wording has led to ongoing legal and political disputes about the ultimate authority. The document extensively examines the constitutional provisions and their interpretation in the context of local government creation.
What are the main challenges and controversies surrounding local government creation in Nigeria?
The main challenge stems from the ambiguity within the 1999 Constitution regarding the exact authority responsible for creating new local government areas. This ambiguity has led to conflicts between the federal and state governments, resulting in constitutional crises and disputes over jurisdiction. The document highlights the practical challenges and controversies that arise from this lack of clarity.
What are the key themes explored in this document?
The key themes revolve around the authority responsible for local government creation (federal vs. state), the criteria used for establishing new local government areas, the analysis of the 1999 Constitution's relevant sections, the examination of the constitutional crises resulting from conflicting interpretations, and the practical challenges and controversies inherent in the process.
What is the historical context of local government creation in Nigeria?
The document acknowledges the historical background of local government creation in Nigeria, emphasizing the importance of bringing governance closer to the people and improving their welfare. The historical context is presented as a backdrop against which the current legal and political complexities are analyzed.
What different perspectives on local government are considered?
The document examines various definitions of local government, comparing international perspectives (like those of the UN) with scholarly viewpoints. It contrasts ideal characteristics with the realities of the Nigerian system, highlighting the differences and challenges.
- 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
