DECENTRALIZATION AND LOCAL GOVERNMENT CREATION IN NIGERIA'S 4TH REPUBLIC

DECENTRALIZATION AND LOCAL GOVERNMENT CREATION IN NIGERIA’S 4^TH REPUBLIC
A CASE STUDY OF EBONYI STATE DEVELOPMENT CENTRES

CHAPTER ONE

GENERAL INTRODUCTION

1.1 Background to the Study

Decentralisation has been the fundamental reason for creating sub-national governments or organisations. Okoli (1998) explains decentralisation as a process that allows a measure of discretion to local institutions and levels in matters closest to them.

The overriding aim is to give issues a local touch reflecting the spatial and demographic peculiarities of the issues concerned.

Creating local governments has been a contentious issue in Nigeria in every democratic dispensation since the famous 1976 Guidelines for local government reforms in Nigeria. Prior to the guidelines, local governments were solely a sphere of state governments’ statutory power and their creation was at their beck and call. Ogunna (1996), documents that ‘with the creation of twelve states in 1967, the constituent units of the federation became much smaller in size of territory and population.

As states became nearer to the local people, the local government as a consequence should be much nearer to the local people. This called for the creation of smaller units of local government areas’ (Ogunna, 1996:103). Thus, most of the states went their separate ways in the choice of the local government system. This led to the wanton creation of local governments of various sizes, structures and functions by different states. Ogunna has also pointed out some features of these local governments to include, including small size, emphasis on administration rather than government, an elaborate system of control by the state, and poor financial resources as some of the revenue sources of previous larger local government divisions were taken over by the states, reduction in functions of local government (Ogunna, 1996:128).

The power of states over local governments gradually enlarged leading to the near extinction of local governments in some states and making the issuance of the 1976 Guidelines for local government reforms in the country a necessity. A key motive for the 1976 reform guidelines was to save the deterioration status of local governments and the high-handedness of states in dealing with their local governments. As Brigadier Shehu M Yar’adua stated in the preface to the reform guidelines:

The above indicates the disposition of the federal government to provide a local government system that could have definable characteristics and status.

The objectives of the reform guidelines are:

Okoli (1998) describes the 1976 reform guidelines as the first bold attempt at realizing the national objective of unity and integration as envisaged by the federal government. Not only that the federal government chose to establish a system of local government that is protected from the states’ stifling controls, but it also provided grounds for the establishment of a uniform, multipurpose local government system with a constitutionally stipulated number, names and functions.

Above all, it set the standard for the operations of the local government system in Nigeria, including the guide for the creation of local governments. Following the guideline, the federal military government created a total of 301 local government areas throughout the country which were eventually nominally listed in the 1979 constitution. As recollected by Ukiwo (2006: 9).

The 301 local government areas were listed in the 1979 Constitution to guarantee their perpetual existence. In creating these local government areas, the military government emphasised the need for viability and administrative efficiency. The minimum population for an area to qualify for local government was 150,000 while the maximum was 800,000.

The 1979 constitution under which the second republic was operated created some flaws regarding the creation of local governments. Despite making basic provisions that would place local governments as third-tier governments, it substantially gave the states powers of establishing local governments. This led to the abuse of local government created in the second republic. Ukiwo (2006:10) describes the situation thus:

The worst violations of the autonomy of local councils however stemmed from political machinations.

The military government that took over power in 1983 abolished various local governments created by various states of the federation. Further state and local government creations in 1991 and 1996 increased the number of local governments in Nigeria to 774 which are again listed in the 1999 constitution.

As a ploy to prevent the second republic scenario on local government creations by states, the 1999 constitution provides that the states have the power to establish local governments [FRN, section 7 (1)] but also provides a caveat that limits such power by making the creation subject to “ratification” by the National Assembly (NASS) (Section 8). Yet local government created by state governments has not stopped in the fourth republic. A good number of states including Ebonyi state have created local governments. The experience of Lagos state which has been at the forefront of local government created in this fourth republic cowered many states to renege into calling their newly created local governments development centres. Usually, the rationale for creating local governments or development centres as the case may be is to ensure the decentralisation of both political and administrative powers to the grassroots thereby increasing the participation of the citizenry in their government.

It is yet problematic among academics to justify the creation of local governments or development centres by states in this fourth republic judging from the constitutional provisions in this regard. It is also yet to be understood why states, including Ebonyi, have continued to feel that these newly created development centres have important roles to play. It is therefore an important academic exercise to inquire into some of these

vexing questions concerning the position of these states in creating new local governments and how these are relevant in decentralising political and administrative powers.

1.2 Statement of Problem

Many governments are devolving power to elected local councils, hoping to improve service delivery and citizen representation by bringing officials closer to the people (Hankla and Downs, 2010). Nigeria’s fourth republic has seen many state governors creating local government areas in line with their purported constitutional powers. Thus Lagos, Akwa Ibom, Bayelsa, Enugu Ebonyi and Kastina states, to name a few all created new local governments within the first four years of return to democratic rule in 1999. The Administration of Obasanjo’s disapproval of this action made some of the states stay action on their already created councils. Indeed, it was only Lagos state that pursued her newly created local governments to a reasonable extent by recognising and distributing national revenue allocated to the constitutionally recognised local governments with those newly created. This of course led to the conflict with the federal government which climaxed with the withholding of local government allocations to Lagos state.

It was during the administration of Dr Sam Egwu in 2001 that the first move to create local governments in Ebonyi State was made, which was known as Ebonyi State Local Government Area Creation and Transition Provisions, the administration of Dr Sam Egwu created 21 additional local government areas. These are apart from the original thirteen approved by the constitution.

Ejibunu (2009) observes that the law creating these additional local governments gave the same powers to them as the existing constitutionally recognized local governments in the state. He states:

Some of the local government areas created are Akaeze, Amoha, Ebyia, Edda East, Effium and Ikwo East. According to the law, "subject to the provision of the sections 4 to 16 of this law, the New Local

Government Areas created by subsection (i) of this section shall have the same rights, powers and privileges as the local government areas existing prior to the commencement of this law".

The Obasanjo administration instigated the action to ban newly created local governments in the states because of the implications of the above legal provisions. Therefore, the newly created local governments in the state were comatose.

However, the urge to create further decentralisation was reawakened among states in Nigeria during the administration of Yar’adua when the case of Lagos state was politically resolved. Since then, many states have devised the strategy of creating development centres instead of local governments. However, it seems that it is only the nomenclature which has changed and many of the so-called development centres still share local government allocations, functions, responsibilities and predicaments. It is yet legally questionable to justify the grounds upon which states create their development centres.

In 2007 Ebonyi State created a total of 64 development centres. The problem that aroused this study is the need to probe into the reasons for the creation of development centres in Ebonyi state and the challenges faced in operating this sub-local governmental system.

This problem is further clarified with the following research questions:

1.3 Objectives of the Study

The general objective of the study is to probe into the reasons for the creation of development centres in Ebonyi state in 2001 and the challenges faced in operating this level of governmental decentralisation in the state.

The specific objectives are:

1.4 Significance of the Study

This study has both theoretical and empirical values. Theoretically, the study contributes to the discourse on decentralization and the importance of participatory governance. It has contributed to the problem of decentralisation in terms of the sustainability of lower-level units and relationships with higher levels. Generally, the work has made contributions to the theory of decentralisation and intergovernmental relations.

Empirically, the work has made significant contributions to critical issues concerning the running of development centres not only for Ebonyi State but for other states in Nigeria that have considered it an option for effective service delivery and grassroots participation and mobilization. The study has also pointed out the legal flaws in the state-local relations that arise from the creation of development centres. The work will therefore offer a useful guide for policymakers, legislators and politicians in handling the grey areas in this important policy area.

1.5 Scope and Limitations of the Study

The focus of this study is on the decentralisation of Development Centres in Ebonyi state within the fourth republic. Even though they were created in 2001, development centres became fully operational in the state in 2007. Key areas in which attention was paid in examining the development centres include the legal justification for their creation, the extent to which their objective of decentralisation has been achieved and the manner of relationship between them and other levels including the local governments especially and the state government.

This study suffered from some limitations. Firstly, research in this area especially in this fourth republic has been few. The research also suffered from the usual bureaucratic bottlenecks in obtaining relevant and timely data for the study. Time and finance were also strong handicaps that constrained the level of field activity. Within the limits of what has been done, however, we can attest to the reliability and validity of the data presented.

What challenges are faced by the development centres in fulfilling their set goals?
Has the creation of development centres improved the provision of basic services to the grassroots people of Ebonyi State?
Is there legal/constitutional justification for the creation of Ebonyi state development centres?
To provide a two-way channel of communication between local communities and government (both State and Federal) (FRN, 1976:1)
To mobilize human and material resources through the involvement of members of the public in their local development.
To facilitate the exercise of democratic self-government close to the local levels of our society, and to encourage initiative and leadership potential
To make appropriate services and development activities responsive to local wishes and initiatives by devolving and delegating them to local representative bodies

to identify the challenges faced by Ebonyi State development centres in fulfilling their set goals.
to find out if the development centres have improved service delivery and citizen participation at the grassroots of the state
to examine the legal/constitutional justification for the creation of the development centres in the state....

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