An Appraisal of the Nature and Autonomy of Local Government as Enunciated in the Case of AG Federation vs AG Abia State and 35 others

Abstract

The history of the Nigerian local governments had been characterized by quests for autonomy. Despite many legal frameworks that guarantee local government autonomy, State Governments have over the years been exploiting local governments financially, politically and administratively. The Federal Government had deliberated on how to combat these exploitations and uphold the autonomy of the local government as envisioned by the Constitution. The attempts of the Federal Government to combating the unconstitutional acts of State Governments birthed the celebrated case of AG Federation vs AG Abia State & 35 Ors. The case addressed constitutional issues surrounding the administration, funding, and democratic structure of local government in Nigeria. This paper evaluated the nature and autonomy of the local governments in Nigeria based on the decision of the Supreme Court in AG Federation vs AG Abia & 35 Ors. The paper examined the historical development of local governments in Nigeria, the position of local government autonomy before and after the case. It scrutinized challenges hindering the implementation of the Supreme Court judgment. The paper recommended possible solutions. The study concluded that local government must be independent both politically and financially in order to realize the main reason behind its establishment which is to bring government closer to the people. Independence of the Local governments will also ensure a greater participation of the people in the government and to be able to lay a rightful claim as the third tier of government in Nigeria.