Local Government Establishments, Training and Pensions Office in conjunction with ZIKLAG CONSULTANCY SERVICES [e-mail] 08033326907

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Local Government Establishments, Training and
Pensions Officein conjunction withZIKLAG
CONSULTANCY SERVICES
ziklagnigeria_at_yahoo.com 08033326907

• PRESENTS
• A 3- DAY WORKSHOP
• ON
• CHIEFTAINCY MATTERS AND LOCAL GOVERNMENT
  DEVELOPMENT IN LAGOS STATE
• 14TH 16TH DEC. 2010.

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LOCAL GOVERNMENT REFORMS, CHIEFTAINCY ISSUES AND
RURAL AREA TRANSFORMATION IN LAGOS
STATEBYBANJI FAJONYOMI
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The Concept of Local Government

• The concept of local government involves a
  philosophical commitment to democratic
  participation in the governing process at the
  grassroots level. This implies legal and
  administrative decentralisation of authority,
  power and personnel by a higher level of
  government to a community with a will of its own,
  performing specific functions as within the wider
  national framework. A local government is a
  government at the grassroots level of
  administration meant for meeting peculiar
  grassroots need of the people (Agagu, 199718).

4
Contd

• It is defined as government by the popularly
  elected bodies charged with administrative and
  executive duties in matters concerning the
  inhabitants of a particular district or place
  (Appadorai, 1975287).Looking at the existence,
  performance and relevance of local government,
  Laski Local government can also be defined as
  that tier of government closest to the people,
  which is vested with certain powers to exercise
  control over the affairs of people in its domain
  (Lawal,200060).

5
Contd

• The 1976 local government reform defines local
  government as government at local level
  exercised through representative council
  established by law to exercise specific powers
  within defined areas. These powers should give
  the council substantial control over local
  affairs as well as the staff and institutional
  and financial powers to initiate and direct the
  provision of services and to determine and
  implement projects so as to complement the
  activities of the State and federal governments
  in their areas, and to ensure, through devolution
  of these functions to these councils and through
  the active participation of the people and their
  traditional institutions, that local initiative
  and response to local needs and conditions are
  maximized.

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Characteristics

• Local government officials are elected.
• The local government unit must have a legal
  personality distinct from the State and Federal
  Governments.
• The local government must have specified powers
  to perform a range of functions and finally,
• It must enjoy substantial autonomy. i.e. ability
  to make its own laws, rules and regulations
  formulate, execute and evaluate its own plans and
  the right to recruit, promote, develop and
  discipline its own staff.

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Why Local Government?

• It has been argued that local people will
  understand the problems confronting them more
  than other people and will be in better position
  to address the problems.
• Efficiency in the running of government projects.
• It provides opportunity for people to determine
  who should govern them at the local level.
• It promotes participation of the people in
  governance.
• It is a training ground for people in the act of
  governance. This is why local government has
  been described as nurseries of democracy
• It equally exists to provide services and serve
  as a vehicle for rural development

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From NA to Local Government

• The precursor of local government was the native
  administration established by the colonial
  administration. As one of its principal authors
  posited, Native Administration was
• Designed to adapt to purposes of local government
  the tribal institutions
• which the native people have evolved for
  themselves so that the latter may
• develop in a constitutional manner from their
  own past, guided and restrained
• by the traditions and sanctions which they have
  inherited, moulded or
• modified as they may be on the advice of the
  British officers. It is an
• essential feature of the system, within the
  limitations, the British Government
• rules through these native institutions which
  are regarded as an integral part
• of the machinery of Government with well defined
  powers and functions
• recognised by Government and by law and not
  dependent on the caprice of
• an executive officer (Cameron 1934).

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• Regardless of nomenclature, local government is a
  creation of British colonial rule in Nigeria. It
  has overtime experienced change in name,
  structure and composition. Between 1930s and
  1940s, for instance, local government was known
  as chief-in-council and chief-and-council, where
  traditional rulers were given pride of place in
  the scheme of things.

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• In the 1950s, election was introduced according
  to the British model in the western and eastern
  parts of the country with some measure of
  autonomy in personnel, financial and general
  administration.
• The pace of this development was more noticeable
  in the south than in the north.
• During this period, heterogeneity was the
  hallmark of local government as there was no
  uniformity in the system and the level of
  development was also remarkably different.

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1976 Reforms

• The introduction of 1976 reforms by the military
  administration of General Obasanjo brought about
  uniformity in the administrative structure of the
  system. The reforms introduced
• a multi-purpose single-tier local government
  system
• a population criterion under which a local
  government could be created. Consequently, a
  population of within 150,000 to 800,000 was
  considered feasible for a local government. This
  was done to avoid the creation of non-viable
  local council and for easy accessibility.
• provision for elective positions having the
  chairmen as executive head of local government
  with supervisory councillors constituting the
  cabinet. This was complemented by the bureaucrats
  and professionals, such as Doctors, Engineers,
  etc., who were charged with the responsibility of
  implementing policies .

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1976 Reforms and Traditional Rulers

• Under the 1976 reforms, a new structure known as
  the Traditional or Emirate Council was created in
  each local government area. Among other
  functions, the Traditional/Emirate Council was
  charged with
• formulating general proposals as advice to local
  governments
• harmonizing the activities of local government
  councils through discussion affecting them
  generally, and giving advice and guidance to
  them
• co-ordinating development plans of local
  governments by joint discussion and advise
• making determinations on religious matters where
  appropriate
• determining questions relating to chieftaincy
  matters and control of traditional titles and
  offices, except where these are traditionally the
  exclusive prerogative of the Emir or Chief in
  which case the Councils function shall be
  advisory to the Emir or Chief

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Babangida Reforms

• 1987 Local government elections held on
  non-partisan basis despite the
• proscription of party politics and elections at
  the state and national levels.
• Local government chairman elected by the local
  government at large
• rather than by council. Chairman empowered to
  appoint supervisory
• councilors (political heads of departments)
•  
• National Electoral Commission empowered to
  conduct local elections.
•  
• 1988 Ministry for Local Government abolished.
  States asked to respect political autonomy of
  local governments. Statutory fiscal transfers to
  go directly to local governments to avoid their
  being diverted by states.
•  
• 1988 Local government chairman designated CEO of
  his local government.
• Number of administrative departments limited to
  six and control of junior
• staff fully vested in each local government

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Contd

• 1988 National Primary Education Commission
  created to guarantee payment of salaries of
  primary school staff and improve infrastructure.
•  
• 1989 Federal government assumes complete
  legislative competence over local government and
  creates new local governments under a federal
  decree. All local governments dismissed and fresh
  elections called
•  
• 1990 Chairman empowered to appoint local
  government secretary
•  1991 Separation of powers applied to local
  government administration. Council empowered to
  pass local budget without recourse to the state
  for approval.
• Financial autonomy enhanced and Local Government
  Service Commission abolished.
• 1992 Local Government Service Commission
  resuscitated
• 1993 Ministry of States and Local Government
  Affairs created at the federal
• level to manage intergovernmental relations with
  states and local governments.
•  

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• 1979 constitution section 7(1) states
• the system of democratically elected local
  government councils is under this constitution
  guaranteed

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Local Govt in the 1999 Constitution

• Section 7 of the 1999 constitution places local
  government under state government.
• Section 7(1) states that
• The system of local government by
  democratically
• elected local government councils is under
• this constitution guaranteed and accordingly,
• the government of every state shall, subject to
• section 8 of this constitution, ensure their
  existence
• under a law which provides for the
  establishment,
• structure, composition and finances of such
  councils.

17
Contd

• According to section 8(3)(4) of the 1999
  constitution provides as thus
• (3) A bill for a Law of a House of Assembly for
  the purpose of creating a new local government
  area shall only be passed if
• (a) a request supported by at least two-thirds
  majority of members (representing the area
  demanding the creation of the new local
  government area in each of the following, namely
• (i) the House of Assembly in respect of the
  area, and
• (ii) the local government councils in respect of
  the area, is received by the House of Assembly
• (b) a proposal for the creation of the local
  government area is thereafter approved in a
  referendum by at least two-thirds majority of the
  people of the local Government area where the
  demand for the proposed local
• government area originated
• (c) the result of the referendum is then
  approved by a simple majority of the members in
• each local government council in a majority of
  all the local government councils in the state
  and a resolution passed by two-thirds majority
  of members of the House of Assembly.

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Contd

• (4) A bill for a Law of a House of Assembly for
  the purpose of boundary adjustment of any
  existing local government area shall only be
  passed if
• (a) a request for the boundary adjustment is
  supported by two-thirds majority of members
  (representing the area demanding and the area
  affected by the boundary adjustment) in each of
  the following, namely
• (i) the House of Assembly in respect of the
  area, and
• (ii) the local government council in respect of
  the area, is received by the House of Assembly
  and
• (b) a proposal for the boundary adjustment is
  approved by a simple majority of members of the
  House of Assembly in respect of the
• area concerned.

19
Contd

• FUNCTIONS OF A LOCAL GOVERNMENT COUNCIL
• (Fifth Schedule to the 1999 Constitution)
• I. The main functions of a local government
  council are as follows-
• (a) the consideration and the making of
  recommendations to a State commission
• on economic planning of any similar body on-
• (i) the economic development of the State,
  particularly in so far as the
• areas of authority of the council and of the
  State are affected. and
• (ii) proposals made by the said commission or
  body
• (h) collection of rates, radio and television
  licences
• (c) establishment and maintenance of cemeteries,
  burial grounds and homes for
• the destitute or infirm
• (d) licensing of bicycles, trucks (other than
  mechanically propelled trucks) canoes,
• wheel barrows and carts

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Impact of Reforms

• Social strife. For instance in 1997, the
  relocation of some local government headquarters
  was marked with large scale destruction of lives
  and property in Ondo, Osun, Delta, Rivers and
  Cross-River States (Omotosho, 199894-105).
  Specifically in Ondo State, the relocation of the
  then newly created Akoko South East local
  government headquarters from Oba Akoko to Isua
  Akoko was met with destruction of lives and
  property.
• In 1998, Abubakar administration introduced sole
  administrator system at the grassroots level
  before elections were conducted in December 1998
  for the posts of chairmen and councillors.
• In Lagos, we are familiar with the problem of
  Council Creation from 2002
• Also the dissolution of local councils in Ekiti
  State by the new administration of Governor Segun
  Oni in June 2007 generated furore between the
  local councils chairmen and the governor.
  Governors Oshiomole of Edo, Mimiko of Ondo,
  Fayemi of Ekiti are also in the same basket.
• In essence, it is more like a norm in Nigeria
  for incumbent administration to introduce one
  form of change or the other in the institution.

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Chieftaincy Issues in Lagos State

•  Lagos State  Council of Obas and Chiefs is one
  body, which has the capacity to contribute
  phenomenonally to good governance in the State by
  constantly availing government of its wisdom and
  sound advice using its tremendous influence to
  mobilize popular support for public policy as
  well as being an important source of
  communication and feedback between the government
  and the grassroots. The Institution of the
  Council of Obas and Chiefs is a critical building
  block that every government must engage seriously
  if development and orderly  societal growth is at
  the core of its vision.
• As an Institution, the Council of Obas and Chiefs
  is as old as Lagos state itself. It was
  established following the creation of Lagos State
  through the Council of Obas and Chiefs of Lagos
  State, Edict 1969 which came into force in April,
  1969. The erstwhile Council of Obas and Chiefs,
  which was constituted in December 1995 with
  Thirty-One members, was dissolved by the
  immediate past State executive Council at its
  11th meeting held on Monday 28th May, 2007.
• The new Council has a total of Fifty-one members
  drawn from  the five divisions of the State. The
  Oba of Lagos, Oba Riliwanu Babatunde Akiolu I is
  the permanent Chairman of the State Council of
  Obas and Chiefs with four Vice-Chairmen drawn
  from the four divisions of the State namely
  Ayangburen of Ikorodu, Alara of Ilara, Olu of
  Ikeja and the Akran of Badagry.

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Rural Area Transformation

• Transformation here is related to Development
  (sustainable) which means
• a holistic developmental paradigm that sees
  human
• beings as both the means and end of development.
  It seeks to expand choices for all people-women,
  men and children, current and future
  generations-while protecting the natural systems
  on which all life depends.
• - UNDP Integrating Human Rights with
  Sustainable Human Development (1998), Policy
  Document New York
• See B.T. Satterwaite How to Make Poverty History
  The Central Role of Local Organizations in
  Meeting the MDGs International Institute for
  environment and Development, 2005.
• Five of the MDGs are local government
  responsibilities in most countries.

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Indices of transformation

• Eradication of poverty
• Promoting human dignity and rights.
• Promoting the advancement of women and
  disadvantaged groups.
• Good Governance
• Environmental protection and regeneration

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The MDGs

• The Millennium Development Goals (MDGs) are eight
  goals to be achieved by 2015 that respond to the
  world's main development challenges. The MDGs are
  drawn from the actions and targets contained in
  the Millennium Declaration that was adopted by
  189 nations-and signed by 147 Heads of State and
  Governments during the UN Millennium Summit in
  September 2000.

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MDGs Goals Targets 1- 6

• Eradicate extreme poverty and hunger
• Reduce by half the proportion of people living
  on less than a dollar a day achieve full and
  productive employment and decent work for all and
  reduce by half the proportion of people who
  suffer from hunger by 2015
• Achieve Universal Primary Education
• Ensure that all boys and girls complete a full
  course of primary schooling by 2015
• Promote Gender equality and Empower Women
• Eliminate gender disparities in primary and
  secondary education preferably by 2005, and at
  all levels by 2015
• Reduce Child Mortality
• Reduce by two thirds the mortality rate among
  children under five by 2015
• Improve maternal health
• Reduce by three quarters the maternal mortality
  ratio and achieve, by 2015, universal access to
  reproductive health
• Combat HIV/AIDS, Malaria and Other Diseases
• Halt and begin to reverse the spread of
  HIV/AIDS Achieve, by 2010, universal access to
  treatment for HIV/AIDS for all those who need it
  Halt and begin to reverse the incidence of
  malaria and other major diseases by 2015

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MDGs Goals Targets 7- 8

• Ensure environmental sustainability
• -Integrate the principles of sustainable
  development into country policies and programmes
  reverse loss of environmental resources.
• Reduce biodiversity loss, achieving, by 2010, a
  significant reduction in the rate of loss
• Reduce by half the proportion of people without
  sustainable access to safe drinking water and
  basic sanitation
• Achieve significant improvement in lives of at
  least 100 million slum dwellers, by 2020
• Develop a Global Partnership for Development
• Develop further an open, rule-based,
  predictable, non-discriminatory trading and
  financial system
• Address the special needs of the least developed
  countries
• Address the special needs of landlocked
  developing countries and small island developing
  States (through the Programme of Action for the
  Sustainable Development of Small Island
  Developing States and the outcome of the
  twenty-second special session of the General
  Assembly)
• Deal comprehensively with the debt problems of
  developing countries through national and
  international measures in order to make debt
  sustainable in the long term

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The Traditional Rulers are complaining

• Four royal fathers Oba Taofik Oyeyinka, Onifako
  of Ifako, Oba Oluwalambe Taiwo of Ojokoro, Oba
  Abbass Ajibode of Iju Ishaga and Oba Adisa
  Olanire, Oniju of Iju led the pack of Baales and
  Chiefs to the meeting.
• Oba Oyeyinka who spoke on their behalf lamented
  the marginalization of the monarch from the two
  councils. "No oba from Ifako-Ijaye belongs to the
  state council of Obas despite their educational
  status. The four of us are in the second class
  position. We need a first class Oba from this
  local government," he pleaded.
• The royal father also told the Speaker that the
  money for the renovation of his palace was
  hanging, despite the approval of a crown for him.
  He said the land is available for the palace
  project, but government withheld funds..
• Oba Oyeyinka also complained about poor salary,
  saying "I was a principal before I became a
  king. I spent my salary on my family before. Now,
  as a ruler, I receive one third of my salary."
• The people applauded when the monarch also said
  that the local government needed a mini-stadium,
  a commissioner in Fashola government, jobs for
  the teeming unemployed youths and bursary for
  students.
• His colleague, Oba Taiwo who is six years old on
  the throne protested that "we traditional rulers
  are hungry."
• "The people are hungry. If there is good road,
  can a hungry man walk on it? Our monthly salary
  is too small. The money for the maintenance of
  the palace is too small. We have no security
  detail. We receive no benefit from the local
  government. Our Baales are not upgraded," he
  added.
• The Nation Newspaper July 2009

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References

• Pita Ogaba Agbese Chiefs, Constitutions, And
  Policies In Nigeria West Africa Review Issue 6
  (2004)