CONSTITUTIONAL PROTECTION OF LOCAL GOVERNMENT FINANCES: AN IMPERATIVE TO SUSTAINABLE DEVELOPMENT OF THE RURAL AREAS IN NIGERIA

Abstract

Prior to the Local Government Reforms in 1976, the various segments of the country operated different kinds of grass root administration. The North operated the Native Authority System and the South operated the Divisional System. The 1976 Reforms unified the various grass-root administrations into the Local Government System for the whole country. This saw to the establishment of the Local Government as a Third Tier of Government. There is no denying the fact that in the 1970’ s and 1980’ s, the Local Government Unit of Administration blossomed with activities and the rural man can feel the pulse of government. The State and Federal Government may be far from him, but he is not too worried because he can see dividends of democracy, Trunk C roads are regularly maintained, fertilizers are provided just to mention a few. The Local Government headquarters were beaming with activities. However, with the advent of Constitutional democracy of the Fourth Republic in 1999, the developmental strides of the Local Government became comatose. This is largely due to the fact that the Finances of Local Government were hijacked by the State Governments. The Local Government headquarters suddenly became a shadow of itself. Only salaries are paid and so staff only come to the headquarters at the end of the month to collect their salaries which in some cases are paid on percentage. Constitutional guarantees to the finances of Local Government and how they can be sustained for the needed development of rural areas is the crux of this paper. This study examined the laudable objectives for the establishment of the Local Government System, how they impacted on the development of Local Governments. This study adopted the doctrinal method of research and made a finding that upon realizing how the states hijacking of Local Government finances have impacted negatively on Local Governments, the Federal Government through Executive Order 10 made effort to safeguard the Local Government system by protecting the finances of Local Governments. If the rural areas should witness developments again, there is the need to plug the loopholes in the Constitution associated with the looting of Local Government finances. This study makes a case for a Local Government ombudsman that will be saddled with the responsibility of protecting the Local Government system and by extension the Local Government finances.