In a recent judgement, the Supreme Court has sparked controversy by declaring that local governments are a third tier of government, contradicting the fundamental principles of federalism. This decision has far-reaching implications for the country's constitutional democracy and decentralization.
The Supreme Court's judgement misconstrues federalism, threatening the balance of power between the centre and sub-nationals.
The Court's ruling, which bars state governors from receiving and spending local government allocations, is a misinterpretation of Section 162 of the 1999 Constitution. In a federal system, there are only two units of government - the centre and the federating units. The inclusion of local governments in the Constitution is a flaw that must be addressed.
The judgement undermines the autonomy of local governments and perpetuates centralized control.
The Supreme Court's decision to grant financial autonomy to local governments is a contradiction in terms, as it reinforces the centralized structure that federalism seeks to avoid. Instead, states should fund local governments, as is the practice in other federal jurisdictions like the United States, India, and Brazil.
Nigeria's federal structure is designed to balance power and promote regional autonomy, but the Supreme Court's judgement undermines this principle.
Federalism is intended to prevent the concentration of power at the centre and promote regional autonomy, ensuring efficient governance and accommodating the country's diversity. However, Nigeria's federal structure has been inconsistent, with the Federal Government wielding significant legislative and executive powers.
The journey to true federalism in Nigeria requires a collective commitment to restructuring the political and administrative framework.
To harness Nigeria's diversity and foster development, the country must bridge the gap between the theoretical foundations of federalism and practical realities. This requires a commitment to decentralization, democratic governance, and the empowerment of local governments.