The recent directive from the Lagos State Government, barring newly sworn-in local government chairmen from appointing special advisers and other political aides, has ignited a fresh debate on the state of local government autonomy in Nigeria. This move, conveyed through a circular from the Permanent Secretary, Ministry of Local Government, Chieftaincy Affairs and Rural Development, has been met with both criticism and concern from various quarters. At the heart of the issue lies a fundamental conflict between the state government's executive power and the constitutionally guaranteed, albeit often contested, autonomy of the local government as the third tier of government.

This article examines the legality and implications of the Lagos State Government's directive, grounding its analysis in the provisions of the 1999 Constitution of the Federal Republic of Nigeria, the principles of local government autonomy, and the intricate relationship between state and local government executive powers.

The Constitutional Framework: A Tier of Government, Not a Department

The 1999 Constitution, in Section 7(1), guarantees a system of "democratically elected Local Government Councils." This provision is the bedrock of local government autonomy in Nigeria, establishing it as a distinct tier of government alongside the federal and state governments. The Fourth Schedule of the Constitution further outlines a list of functions that local governments are expected to perform, including the construction and maintenance of roads, sewage and refuse disposal, and the collection of rates and fees.

While the Constitution mandates the state to ensure the existence of these councils, it also gives the state House of Assembly the power to legislate on the structure, composition, finance, and functions of local governments. This provision has often been a point of contention, with state governments frequently using their legislative and executive powers to control and, in some cases, undermine the independence of local councils. The Supreme Court has, in several landmark rulings, affirmed the financial autonomy of local governments, but the practical implementation of this autonomy remains a challenge.

In the case of appointing special advisers, the question arises: does a local government chairman, as the head of the executive arm of a constitutionally recognized tier of government, have the inherent power to appoint aides to assist in the discharge of their functions? The principle of executive power dictates that a chief executive requires a team to effectively govern. The President of Nigeria appoints special advisers, and state governors do the same, all without specific constitutional prohibitions. By analogy, a local government chairman should possess a similar power, as it is essential for the smooth running of the local administration.

Local Government Autonomy: A Chimera in Lagos?

The Lagos State Government's directive is a stark reminder of the fragile nature of local government autonomy in Nigeria. The ban on appointing special advisers and other political appointees, with the exception of a Chief of Staff, is a direct infringement on the executive powers of the local government chairmen. It effectively micromanages the internal affairs of the local councils, dictating how they should structure their administration and who they can appoint to assist them.

This move goes beyond mere oversight and ventures into a realm of direct control that erodes the very essence of a "democratically elected local government." The chairmen, who are elected by their constituents to govern at the grassroots level, are being denied the basic tools of governance. How can they be expected to deliver on their mandates without the necessary personnel to provide expert advice and support across various sectors like education, health, and infrastructure?

Furthermore, the directive creates a system where local councils are effectively subservient to the state government, with the state dictating the pace and nature of their operations. This top-down approach is antithetical to the principles of federalism and devolution of power. It suggests that local governments are merely an extension of the state government's ministries, rather than a distinct and independent tier of governance.

State-Local Government Executive Power: A Clash of Authorities

The Lagos State Government, in issuing this directive, is exercising what it perceives to be its executive power over local governments. However, this raises a critical question about the limits of that power. While a state House of Assembly can legislate on the structure of local government, can the state executive arm, through a circular, unilaterally impose such a ban?

A key argument against the Lagos State Government's action is that it infringes on the principle of separation of powers, even at the local government level. The local government chairman, as the head of the local executive, has a mandate from the electorate to constitute their government. Any limitation on this power should ideally come from a legislative framework, such as a local government law passed by the state House of Assembly, and not from an administrative directive.

The directive also highlights the inherent financial control that states wield over local governments. It is a well-known fact that local governments in Nigeria are heavily dependent on state governments for their finances, as state-controlled joint accounts often serve as a conduit for federal allocations. This financial dependency gives state governments a powerful lever to influence and control local councils. The ban on appointments, therefore, may be seen as a way of controlling local government spending and ensuring that resources are allocated according to the state's priorities.

Necessity: A Call for True Autonomy

The Lagos State Government's decision to bar local government chairmen from appointing special advisers is a serious blow to the concept of local government autonomy in Nigeria. While the state government may argue that the move is aimed at fiscal discipline or good governance, it effectively undermines the constitutional status of local governments as a distinct and independent tier of government.

For true federalism to thrive, local governments must be allowed to function as autonomous entities, with the power to make their own decisions, including the appointment of their executive staff. The current situation in Lagos, and indeed in many other states, points to a need for a constitutional review that clarifies the powers and responsibilities of local governments and provides them with genuine financial and administrative independence. Until then, the promise of a democratically elected and autonomous local government will remain an elusive dream in Nigeria.