CONSTITUTIONAL IMPERATIVES FOR STRENGTHENING LOCAL GOVERNMENT ADMINISTRATION AS FULCRUM FOR ADVANCING CITIZEN’S RIGHTS AND DEMOCRATIC GOVERNANCE

Abstract

Democracy is the best form of government under which man can be trusted to rule his fellow men. Its practice in a modern state enthrones a constitutionalised system of limited governmental powers, separation of powers, rule of law, checks and balances in the exercise of powers of government and respect for, and enforcement of human rights. Democracy enhances respect for the general will of the governed and thereby secures the enjoyment of citizens’ rights. The Nigerian experiment in democracy-while the need for democracy in local government administration is recognised-largely concentrated on creating democratic structures at the Federal and State tiers of government. The need for democratic structure in the administration of local government councils was largely ignored by the constitution drafters. It is the courts that have adopted progressive interpretation to wrest the control of local government councils from imposition by the States and Federal government. The much the courts have done till date is still far from solving the problem of imposition on local government councils and subversion of the general will of the people governed. This paper examines the constitutional and legal provisions touching on administration of local government councils in Nigeria and the views of several writers on the subject and related matters, and concludes that to enthrone full fledged democratic structures in the local government councils and enable the governed at that level to enjoy citizens’ rights, there is need to amend the Constitution of the Federal Republic of Nigeria to establish full constitutional guarantees of democratic structure.