Grassroots Center Participates In KAS-CISLAC Dialogue On Democracy, Anti-Corruption And Service Delivery in LGAs  

By Armsfree Ajanaku

As the tier of governance closest to the grassroots, scholars and pro-democracy activists have for years expressed worries about what seems to be the doomed fate of democracy and accountable governance at the level of Local Government Areas (LGAs). Since the return of Nigeria’s current democratic dispensation in 1999, there has been much talk about the need for vibrant and effective local governance, which will have the capacity to deliver good governance, security and economic prosperity to the people of Nigeria. Despite the express provisions of Section 7 of Nigeria’s 1999 Constitution as amended, which make it mandatory that LGAs be governed through democratically elected structures, the pervasiveness of unelected caretaker committees, and the arbitrary removal of elected LGA structures or the blatant refusal by state authorities to conduct polls have become recurring realities.

Other anomalies like lack of credible elections, mind boggling corruption and diversion of local government funds, and the failure of LGA administrations to deliver quality grassroots governance have received the scrutiny of policy makers and civic actors. There are also analysts who have pointed to the interference by powerful governors, who act like emperors within their domains, brooking no divergent perspective and stifling initiatives, which seek to bring governance, and by extension, the benefits of democracy closer the people at the grassroots. Governance experts have pointed to the plight of Nigerians, especially those in rural, marginalized and underserved communities. Although the Nigerian grundnorm gives state governments the prerogative under Section 7(1) to “ensure their existence under a law, which provides for the establishment, structure, composition, finance and function of such councils,” expert worry that this role has been used as a basis to cripple and emasculate. This has been stressed as one of the contradictions and a major weak link at the heart of the crippling of LGAs by states. State governors have been accused of pulling all the strings to ensure LGAs are tied perpetually to their apron strings in order to control their funding and determine their priorities.

These and many more political, legal and administrative issues at the heart of the dysfunction in LGAs in Nigeria, formed the crux of a recent one-day dialogue organized by the Konrad Adenauer Stiftung (KAS) in partnership with the Civil Society Legislative Advocacy Centre (CISLAC). The dialogue was convened for scores of civil society organizations to reflect on the challenges of corruption and inefficiencies in the LGAs administration, and how the advocacy work of civic actors could begin to focus on, and proffer effective solutions to the challenges. The dialogue was also convened against the backdrop of recent efforts by the administration of President Bola Ahmed Tinubu to push for reforms through financial autonomy and the deepening of democratic processes at the LGA level. The dialogue therefore offered an effective space for civil society organizations, the academia and the media to interrogate, and discuss the most effective ways to navigate the myriads of political, administrative and institutional issues, which have hobbled performance and effective service delivery at the LGA level.

The Resident Representative of KAS, Marija Peran gave a foretaste of what was to come with summary of the journey of Nigeria’s efforts towards LGAs reform. She pointed out that while there have been efforts to reform Nigeria’s LGAs, there have also been recurring setbacks. She warned that corruption erodes the foundation of democratic accountability in Nigeria’s local governance. The KAS helmswoman was of the view that the manner of the conduct of LGA elections was critical, admonishing that the system should not be a mere extension of centralized control in the Nigerian polity. KAS similarly argued that without a vibrant and engaged citizenry, not only the reforms, but also the relevance of LGAs in the governance architecture of Nigeria will not produce the desirable outcomes. For Executive Director of CISLAC, Auwal Musa Rafsanjani, the push to reform Nigeria’s LGA for service delivery to citizens, is not just a constitutional matter. He averred that addressing the institutional weaknesses, which have affected quality service delivery in LGAs is not just a constitutional matter, but a developmental imperative. He lamented that practically nothing happens in LGAs because they are mere extension of the various state governors who continue to interfere in their administration. The point was made by the CISLAC Director that while the current state of affairs at the LGAs level would continue to constrain grassroots development, the entire country will be denied the benefit to gaining from the experience of administrators who could have used LGAs as a first point of governance to gain experience, before moving to the higher levels of governance at the state and the federal level.

In this context, civil society organizations were urged to work assiduously to change the fortunes of LGAs. This it was reckoned, they can achieve by insisting on accountability, transparency and value for money in the use of funds earmarked for LGAs. Participants at the dialogue were therefore reminded that for the national goals and aspirations of economic prosperity, security, infrastructural development to be achieved, it will be important to address the issues of lack of democracy at the LGAs through evidence-based sensitization and advocacy. Other measures suggested include; the need for whistle blower protection, closing the gaps and loopholes in LGAs financial systems, legal reforms for political autonomy, institutional reforms, adherence to procurement laws as well as encouraging robust citizens participation in LGA governance processes. Equally connected is the albatross, which takes the shape of ruling parties in the state compromising electoral processes, such that they win 100% Chairmanship and Councillorship seats during LGA polls.

For the CISLAC Director, the state governors have become too powerful and recalcitrant for the good of grassroots democracy. He therefore advocated the dismantling and disruption of the power structure, which puts LGAs at the mercy of state governors who behave like emperors and overlords. Auwal Musa lamented that given their tendency to abuse and misuse power, the political class has been engaging in the past time of creating artificial crisis, even where there had been no conflicts. He gave the example of the Emirate tussle going on in Kano State where there is now the presence of a federal and a state Emir. This he described as the work of looters, which he described as too many for the good of the country. The frontline civil society activist similarly argued that it was such abuse of powers that led some governors to head to court to demand the disbandment of the Economic and Financial Crimes Commission (EFCC) and the Independent Corrupt Practices and Other Related Offences Commission (ICPC). The CISLAC Director therefore commended civil society for vigorously pushing back and defending the anti-corruption agencies from the onslaught of the political actors.

On his part, the Chairman of ICPC, Dr. Musa Adamu Aliyu said the challenges of democratization in the LGAs administration has created opportunities for the corruption to thrive in the third tier of government. The anti-corruption czar addressed what he described as the disturbing pattern whereby those who get to take charge of administration in the LGAs do not have the competence and capacity to discharge their functions. He said this is a deliberate attempt to undermine the administration of LGAs. Aliyu said there have been instances where funds meant for elections in LGAs, are suspiciously transferred and deployed to other purposes, which do not serve the public interest. In the instance referenced by the ICPC Chairman, he said the monies were withdrawn in cash, and those who did the withdrawal could not account of what the money was used for. As such, the local government elections themselves are being used as a basis for diversion of public funds and the corrupt enrichment of those in charge, but do not care about the growth of democracy at the local level. Aliyu stated that these risks of corruption spurred the Commission in partnership with the Centre for Fiscal Transparency and Public Integrity to introduce accountability and corruption prevention in LGAs. According to the ICPC, the thematic areas being targeted include; fiscal transparency, human resources, open procurement, citizens engagement and control of corruption. Dr, Aliyu equally drew attention to the diversionary tactics of some stakeholders, particularly lawyers who file frivolous court cases aimed at undermining the reforms and financial autonomy, which has since been granted by the Supreme Court.

He said despite the judgment of the Supreme Court in Attorney General of the Federation vs Attorney-General of Abia and the other states of the federation, some legal practitioners still go ahead to file cases in the court of first instance to challenge what is already a settled matter by the apex court. He said the ICPC and other anti-corruption agencies are duty-bound to enforce the decision of the Supreme Court on local government autonomy. He noted that this has become important because the verdict of the Supreme Court has become a critical part of the Nigerian jurisprudence, irrespective of continuous challenge through cases being filed at lower courts. Dr. Aliyu also lamented that in spite of the settled jurisprudence with relation to the powers of anti-corruption agencies to investigate corruption cases at all levels of governance, there have been repeated cases filed to challenge the powers of the agencies. He therefore appealed to his colleagues in the legal profession to desist from such actions, which he noted ridicules the legal profession and makes it look unserious in the eyes of the public.

Up next was a presentation titled; A Brief Review of Local Government System in Nigeria: Lessons from the Past by Adetunji Ogunyemi, a lawyer and Professor of Economic History at the Obafemi Awolowo University Ile-Ife. It took participants on an excursion focusing on the evolution of LGAs since the pre-colonial period. The university don questioned whether Nigeria was serious, given the way it has treated local governance and its structures with levity. He said contrary to the widespread notion that Nigeria has 774 LGAs, what the constitution recognises is 768, while the rest are Area Councils in the Federal Capital Territory (FCT). He lamented the confiscation of the Joint Accounts by the states and the consequent starving of LGAs of the funds they need for their operations and programs. On the position of the Supreme Court judgment, Prof. Ogunyemi said despite the constitution provisions, which give states the powers to make laws for LGAs, in the context of the debate on financial autonomy, the apex court verdict is now the new law.

On the core issues facing LGA administration in Nigeria, the academic identified them as finding effective ways to apply the principle of subsidiarity through devolution of powers without rupturing the inter-governmental and power relationships between states and the LGAs. Other issues identified include; financial autonomy, equitable revenue allocation, extent of powers to be allowed, increasing inclusion and political participation, fiscal and political accountability, and the creation of additional LGAs in a way that is acceptable to all parties. However, one point which appeared controversial in the presentation was the position of the presenter that no other form of government has done more for LGA administrations in Nigeria than the military. This assertion riled a few participants who pushed back citing the arbitrariness and the less than altruistic motives behind the military’s creation of such governance structures. Prof. Ogunyemi however stuck to his position arguing that the data shows the military had created more LGAs and attempted to take their control away from regions and states than any democratic system. He said: “In fact, the local government system has evolved more from central government initiatives than from local initiatives. Whereas, the states of the federation have made all efforts to annul or confiscate the authority of local governments, the central (federal) government have always come in the defence of local government.

In the rest of the sessions, which focused corruption and local government elections, several important points were made by public policy advocates and civil society leaders.

On LGA elections for instance, Executive Director of OJA Consult, Mr. Jide Ojo drew attention to the severe funding constraints, which have made it challenging for State Independent Electoral Commissions (SIECs) to effectively deliver their mandate of conducting credible elections at the LGA level. Ojo added that most of the SIECs do not have functional offices across the LGAs, and their staff are civil servants seconded from ministries and departments of the state governments. The other elephant in the room, according to Ojo is the fact that the SIECs do not have their funding on first line charge, unlike the Independent National Electoral Commission (INEC) which gets robust funding to carry out its mandate. Similarly, Advocacy and ECOWAS Laison Officer of the West Africa Democracy Solidarity Network (WADEMOS) frowned at the frequent inference of the higher tiers of government in duties and functions of LGAs. As the dialogue drew to a close, the collective resolve was that civic actors need to increase their advocacy efforts at LGA levels. As John Onyeukwu another presenter during the dialogue put it, the issues at the level of LGAs are “problems,” which require concerted efforts and detailed solutions. Participants left the dialogue with loads of knowledge and clarity about the urgency to fix LGA administration, if the benefits of democracy will touch the lives of the people at the grassroots.

Armsfree Ajanaku is Executive Director, Grassroots Center for Rights & Civic Orientation