This question in this thread arose as a result of the former thread where the Chairman of Kaduna North Local Government Council presented an annual budget of ₦4.7bn to the Kaduna North Local Government Legislative Assembly for approval.
https://www.nairaland.com/6918648/kaduna-north-lg-chair-presents
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(...It means that their own shares of the Local Government Allocations would be coming directly from the source into their own account, and not through the State Government...)

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That's a great move by the Kaduna State House of Assembly, for giving full autonomy to the Local Government Councils to function independently on their own.
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Now, The Great Question Is.
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Who would carry out the OVERSIGHT FUNCTIONS over the Local Government Budgetary Allocations in order to maintain the checks-and-balances, and to make sure that the budgeted funds are being used properly as they were budgeted??
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Is it the Local Government Legislative Assembly?
Or the State Assembly?
Or the State Executive Council?
Or ALL OF THE ABOVE??

CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA - 1999


FOURTH SCHEDULE



Functions of a Local Government Council




1. The main functions of a local government council are as follows:

(a) the consideration and the making of recommendations to a State commission on economic planning or any similar body on -
(i) the economic development of the State, particularly in so far as the areas of authority of the council and of the State are affected, and
(ii) proposals made by the said commission or body;


(b) collection of rates, radio and television licences;

(c) establishment and maintenance of cemeteries, burial grounds and homes for the destitute or infirm;

(d) licensing of bicycles, trucks (other than mechanically propelled trucks), canoes, wheel barrows and carts;

(e) establishment, maintenance and regulation of slaughter houses, slaughter slabs, markets, motor parks and public conveniences;

(f) construction and maintenance of roads, streets, street lightings, drains and other public highways, parks, gardens, open spaces, or such public facilities as may be prescribed from time to time by the House of Assembly of a State;

(g) naming of roads and streets and numbering of houses;

(h) provision and maintenance of public conveniences, sewage and refuse disposal;

(i) registration of all births, deaths and marriages;

(j) assessment of privately owned houses or tenements for the purpose of levying such rates as may be prescribed by the House of Assembly of a State; and


(k) control and regulation of -
(i) out-door advertising and hoarding,
(ii) movement and keeping of pets of all description,
(iii) shops and kiosks,
(iv) restaurants, bakeries and other places for sale of food to the public,
(v) laundries, and
(vi) licensing, regulation and control of the sale of liquor.



2. The functions of a local government council shall include participation of such council in the Government of a State as respects the following matters -

(a) the provision and maintenance of primary, adult and vocational education;

(b) the development of agriculture and natural resources, other than the exploitation of materials

(c) the provision and maintenance of health services; and

(d) such other functions as may be conferred on a local government council by the House of Assembly of the State.

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Wikipedia also tried to summarise all the LGA’s functions that were listed above with some few bullet-points...
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The functions of local governments are detailed in the Nigerian Constitution and include the following:

•Economic recommendations to the State

•Collection of taxes and fees

•Establishment and maintenance of cemeteries, burial grounds and homes for the destitute or infirm

•Licensing of bicycles, trucks (other than mechanically propelled trucks), canoes, wheel barrows and carts

•Establishment, maintenance and regulation of markets, motor parks and public conveniences

•Construction and maintenance of roads, streets, drains and other public highways, parks, and open spaces

•Naming of roads and streets and numbering of houses

•Provision and maintenance of public transportation and refuse disposal

•Registration of births, deaths and marriages

•Assessment of privately owned houses or tenements for the purpose of levying such rates as may be prescribed by the House of Assembly of a State

•Control and regulation of outdoor advertising, movement and keeping of pets of all descriptions, shops and kiosks, restaurants and other places for sale of food to the public, and laundries
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Source:
(https://en.m.wikipedia.org/wiki/Local_government_areas_of_Nigeria)

BluntCrazeMan:

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That's a great move by the Kaduna State House of Assembly, for giving full autonomy to the Local Government Councils to function independently on their own.
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Now, The Great Question Is.
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Who would carry out the OVERSIGHT FUNCTIONS over the Local Government Budgetary Allocations in order to maintain the checks-and-balances, and to make sure that the budgeted funds are being used properly as they were budgeted??
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Is it the Local Government Legislative Assembly?
Or the State Assembly?
Or the State Executive Council?
Or ALL OF THE ABOVE??

The councilors. They are the legislative part of the LGAs

Mynd44:


The councilors. They are the legislative part of the LGAs

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Thanks.
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That means, the State Government (including the State House of Assembly too) do not have any hand in the spending of the funds, and that they should not even ask any questions whatsoever - on how the funds were spent??

That should be the work of state assembly and state auditor General

helinues:
That should be the work of state assembly and state auditor General

As for me ooo...
(In my own personal opinion)
I don't think so shaa.
Since the LGA budget was autonomously appraised approved by the LGLA (and it didn't go back again through the SHA nor the AG of the State for their own accenture - and also, with the fact that their allocations and IGRs now go directly into their LGA Account) then the SHA and the AG of the State are not concerned with the spendings too..

BluntCrazeMan:
As for me ooo...
(In my own personal opinion)
I don't think so shaa.
Since the LGA budget was autonomously appraised approved by the LGLA (and it didn't go back again through the SHA nor the AG of the State - and also, their allocations and IGRs goes directly into their LGA Account) then the SHA and the AG of the State are not concerned with the spendings too..

Then what's the meaning of oversight?

Or are you saying LG should prosecute themselves?

helinues:
That should be the work of state assembly and state auditor General

No. It is the job of councillors.

The state auditor general and state house is exclusively for the state same way NASS cannot get involved in the finances of a state.

BluntCrazeMan:

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Thanks.
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That means, the State Government (including the State House of Assembly too) do not have any hand in the spending of the funds, and that they should not even ask any questions whatsoever - on how the funds were spent??

Yes. This is true. If there is any financial impropriety, it is the job of ICPC and EFCC to investigate as is their jobs.
Naturally, local government should have their funds go into their accounts and they run their affairs that way

helinues:


Then what's the meaning of oversight?

Or are you saying LG should prosecute themselves?

Oversight refers to the actions taken to review and monitor public sector organizations and their policies, plans, programs, and projects; in order to ensure that they are achieving expected results, that they represent good value for money, and that they are in compliance with applicable policies, laws, regulations, and ethical standards.
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But then, it's not any body that might wake up and assume such functions upon themselves.
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The State House Of Assembly, even though they perform Oversight Functions over the State’s MDAs, they are not empowered by the Constitution to perform such Functions over the LGAs..
Nevertheless, the State House of Assembly are the ones that should make laws that would give powers and functions and duties to the various offices within the LGA - Both the Executive Governing Council and the Legislative Council - or whichever way the State Assembly deemed to describe it.
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Therefore, unless the State House of Assembly clearly stated in the laws empowering the LGA Councils that they should perform the Oversight Functions, then they better not look towards that direction.

Mynd44:

No. It is the job of councillors.

The state auditor general and state house is exclusively for the state same way NASS cannot get involved in the finances of a state.

Then lots are wrong with our constitution. For almost a decade now, both Chairman and Councillors are no longer being elected but appointed by the state governors.

Reason why the state governors are rejecting LG autonomous

helinues:


Then lots are wrong with our constituency. For almost a decade now, both Chairman and Councillors are no longer being elected but appointed by the state governors.

Reason why the state governors are rejecting LG autonomous

Now you Garrit..
You have fully appreciated why lots of things are going wrong with the grassroots government of our country.
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The State Governors are mismanaging the funds meant for the Local Governments, and they are not giving accounts for them because the SHA are not supposed to prove them.

BluntCrazeMan:

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Thanks.
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That means, the State Government (including the State House of Assembly too) do not have any hand in the spending of the funds, and that they should not even ask any questions whatsoever - on how the funds were spent??

Local Government autonomy is a mirage.

The 1979 and 1999 Constitutions place Local Governments as a residual matter and therefore under the legislative competence of the sub-national Government, that is the State Governments.

Local Government system, by the intendment of the framers of the Constitution, was not to allow for an autonomous Local Government system...in the sense of LGA free from control or interference from the other levels of Government.

Section 128 of the 1999 Constitution now empowers States' Houses of Assemblys to investigate with respect to the use of statutory allocation of revenue or to expose corruption, inefficiency, or waste in the management of Local Government system.

BluntCrazeMan:
Now you Garrit..
You have fully appreciated why lots of things are going wrong with the grassroots government of our country.
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The State Governors are mismanaging the funds meant for the Local Governments, and they are not giving accounts for them because the SHA are not supposed to prove them.

But if LG are yet to have full autonomous, why should the councillor be the ones oversighting the LG

helinues:


But if LG are yet to have full autonomous, why should the councillor be the ones oversighting the LG

In a State where the LGAs do not have full autonomy,, then the State Government would create a Ministry or Agency that would be in charge of the LGAs.
(The budget for the running of this Ministry or agency is captured in State Government’s appropriation Bill - but the spending of the LGA’s funds are not).
The LGA’s Administrators that were appointed by the Government would be reporting to this Government Ministry or Agency.
And again, there should be a separate State Government Account which would be dedicated to the LGA Funds - both the Local Government Allocations from the FG and the Local Government Internally Generated Revenues - and this separate account should be different from the main State Account.
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From this LGA account, the State Government pays the LGA’s recurrent expenditures - such as maintenance and running of the LGA Headquarters, paying of NULGE Staff, and some minor LGA Capital Expenditures.
This last one is the main issue..
The State Governors would never do any Capital Expenditures, and since there are no LGA Legislative Council in existence, nobody asks the State Government any questions how they spend the funds from the dedicated LGA-Funds-Account of the state government.

BluntCrazeMan:
In a State where the LGAs do not have full autonomy,, then the State Government would create a Ministry or Agency that would be in charge of the LGAs.
The Administrators that were appointed by the Government would be reporting to this Ministry or Agency.
And again, there should be a separate State Government Account which would be dedicated to the LGA Funds - both the Local Government Allocations from the FG and the Local Government Internally Generated Revenues - and this separate account should be different from the main State Account.
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From this LGA account, the State Government pays the LGA’s recurrent expenditures - such as maintenance and running of the LGA Headquarters, paying of NULGE Staff, and some minor LGA Capital Expenditures.
This last one is the main issue..
The State Governors would never do any Capital Expenditures, and since there are no LGA Legislative Council in existence, nobody asks the State Government any question how they spend the funds from the dedicated LGA Funds Account of the state government.

Is that a proposal or what is already in place?

helinues:


Is that a proposal or what is already in place?

Anambra State For instance, that's what they do at the Moment.
(That's not what the Constitution provided for though, but since there is LGA fund which must be spent, then they had to create an office - a ministry - for them to spend it very well)
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There is a State Ministry in Anambra State Called:
“Ministry of Local Government, Rural Development, and Chieftaincy Matters”
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Even the Executive Members of the various Town-Unions (ASATU), and the Igwes and Ezes of the various towns are controlled under this same Ministry

fergie001:

Local Government autonomy is a mirage.

The 1979 and 1999 Constitutions place Local Governments as a residual matter and therefore under the legislative competence of the sub-national Government, that is the State Governments.

Local Government system, by the intendment of the framers of the Constitution, was not to allow for an autonomous Local Government system...in the sense of LGA free from control or interference from the other levels of Government.

Section 128 of the 1999 Constitution now empowers States' Houses of Assemblys to investigate with respect to the use of statutory allocation of revenue or to expose corruption, inefficiency, or waste in the management of Local Government system.

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Let me copy-and-paste Section-128 of the 1999 Constitution for you here..
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“128. (1) Subject to the provisions of this Constitution, a House of Assembly shall have power by resolution published in its journal or in the Office Gazette of the Government of the State to direct or cause to be directed an inquiry or investigation into -

(a) any matter or thing with respect to which it has power to make laws; and

(b) the conduct of affairs of any person, authority, ministry or government department charged, or intended to be charged, with the duty of or responsibility for -

(i) executing or administering laws enacted by that House of Assembly, and

(ii) disbursing or administering moneys appropriated or to be appropriated by such House.

(2) The powers conferred on a House of Assembly under the provisions of this section are exercisable only for the purpose of enabling the House to -

(a) make laws with respect to any matter within its legislative competence and correct any defects in existing laws; and

(b) expose corruption, inefficiency of waste in the execution or administration of laws within its legislative competence and in the disbursement or administration of funds appropriated by it.”

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You see that underlined clause??
That clause means a lot ooo.
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“Local Government System” was not mentioned inside the Constitution..
And also, “Local Government System” is not within the legislative competence of the State House of Assembly.

It should be the Local Government Counsellors..
(That is,, if the Local Government Area Council is fully functional)
If not,, then nobody accounts for it oo, and nobody else should ask questions about it except the ICPC and EFCC.

Lalasticlala, Seun

Lalasticlala..
Please this is front-page worthy.
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Anambra State Governors have killed us.
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We wouldn't want Soludo to follow in their wicked footsteps oo.

tk4rd:
Lalasticlala..
Please this is front-page worthy.
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Anambra State Governors have killed us.
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We wouldn't want Soludo to follow in their wicked footsteps oo.

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We definitely need to start very early to drum it into the ears of Soludo, that we need him to ginger the House of Assembly, so that the Grassroots Government in Anambra State (Otherwise known as the Local Governments) can be established and be made Permanent.

BluntCrazeMan:
Let me copy-and-paste Section-128 of the 1999 Constitution for you here..

You see that underlined clause??That clause means a lot ooo.
“Local Government System” was not mentioned inside the Constitution..

"Local Government System here means LOCAL GOVERNMENT.

And also, “Local Government System” is not within the legislative competence of the State House of Assembly.

So the local government is under the legislative competence of which arm of Government?

See Sections 2,7 and 14 of the 1999 Constitution.

LG autonomy is a myth and irrespective of El-Rufai's desire (which is a good one), it cannot be found legal in the face of law. This is the time for us to appeal to the NA and SHAs to help us.

fergie001:


"Local Government System here means LOCAL GOVERNMENT.


So the local government is under the legislative competence of which arm of Government?

See Sections 2,7 and 14 of the 1999 Constitution.

LG autonomy is a myth and irrespective of El-Rufai's desire (which is a good one), it cannot be found legal in the face of law. This is the time for us to appeal to the NA and SHAs to help us.

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Section-2. (1) Nigeria is one indivisible and indissoluble sovereign state to be known by the name of the Federal Republic of Nigeria.
(2) Nigeria shall be a Federation consisting of States and a Federal Capital Territory.
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Section-7. (1) The system of local government by democratically elected local government councils is under this Constitution guaranteed; and accordingly, the Government of every State shall, subject to section 8 of this Constitution, ensure their existence under a Law which provides for the establishment, structure, composition, finance and functions of such councils.

(2) The person authorised by law to prescribe the area over which a local government council may exercise authority shall-
(a) define such area as clearly as practicable; and
(b) ensure, to the extent to which it may be reasonably justifiable that in defining such area regard is paid to -
(i) the common interest of the community in the area;
(ii) traditional association of the community; and
(iii) administrative convenience.

(3) it shall be the duty of a local government council within the State to participate in economic planning and development of the area referred to in subsection (2) of this section and to this end an economic planning board shall be established by a Law enacted by the House of Assembly of the State.

(4) The Government of a State shall ensure that every person who is entitled to vote or be voted for at an election to House of Assembly shall have the right to vote or be voted for at an election to a local government council.

(5) The functions to be conferred by Law upon local government council shall include those set out in the Fourth Schedule to this Constitution.
****(I have already copied-and-pasted the Fourth Schedule in my earlier comment)****

(6) Subject to the provisions of this Constitution -
(a) the National Assembly shall make provisions for statutory allocation of public revenue to local government councils in the Federation; and
(b) the House of Assembly of a State shall make provisions for statutory allocation of public revenue to local government councils within the State.
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Section-14 didn't say anything much about the autonomy of the Local Government Areas.

Section-7; Sub-Section-1 made it clear that the Local Government System is Guaranteed..
(Unless you might want to explain further to me what that word “Guaranteed” means).
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In answering to your question, the Local Government is under the legislative competence of the Local Government Legislative Council, made up of the counsellors.
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And also, according to Section-7, the States House of Assemblies are supposed to make the laws.
The Constitution didn't give express autonomy to the Local Governments the way it gave to the States and the FCT.

BluntCrazeMan:

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Section-7; Sub-Section-1 made it clear that the Local Government System is Guaranteed..
(Unless you might want to explain further to me what that word “Guaranteed” means).
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In answering to your question, the Local Government is under the legislative competence of the Local Government Legislative Council, made up of the counsellors.
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And also, according to Section-7, the States House of Assemblies are supposed to make the laws.
The Constitution didn't give express autonomy to the Local Governments the way it gave to the States and the FCT.

I will react on my return from Stamford Bridge.

Governor

fergie001:

I will react on my return from Stamford Bridge.

No wahalla bro.
We are all still great learners as far as politics in this country is concerned.

wallex1983:
Governor

My brother,, in a fully democratic and fully functional “Local Government System”,, I don't think so.

Local Govt Affairs or the Auditor General for Local Government

Mynd44:

No. It is the job of councillors.

The state auditor general and state house is exclusively for the state same way NASS cannot get involved in the finances of a state.

happy new year Mr moderator

BluntCrazeMan:

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Section-7; Sub-Section-1 made it clear that the Local Government System is Guaranteed..
(Unless you might want to explain further to me what that word “Guaranteed” means).
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In answering to your question, the Local Government is under the legislative competence of the Local Government Legislative Council, made up of the counsellors.
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And also, according to Section-7, the States House of Assemblies are supposed to make the laws.
The Constitution didn't give express autonomy to the Local Governments the way it gave to the States and the FCT.

BluntCrazeMan:
Section-7; Sub-Section-1 made it clear that the Local Government System is Guaranteed..
(Unless you might want to explain further to me what that word “Guaranteed” means).

Yes, the Local Government is guaranteed, but it is a creation of the State Government. Thus, it is mandatory for the state to ensure the existence of a Local Government.

Sections 162(5), 162(6) also empowers the State Government to exert financial control on the Local Government.
See...Attorney General of Ogun State v Attorney General of the Federation

By virtue of Section 2(2), the Constitution made Nigeria a Federation consisting the Federal and State Governments.

Going further, the 1999 Constitution arrogates legislative powers of the Federal Republic of Nigeria to the Federal and State Governments...(without a mention of the Local Government).

The powers of Section 7..you mentioned above shows the dependency of the Local Governments on State Governments.
See...Chief Sule Balogun v Attorney General of Lagos State

Whilst many will concede on the powers of the Local Government Legislative Council....I believe they are like a toothless bulldog because they are products of the House of Assembly.

Infact, in many States...the States Houses of Assemblys, through the Local Government Laws empowers the State Houses of Assemblys to ratify resolutions of the LGLC, before proceedings can continue.

However, the Governor can sack same officials after ratification from the House of Assembly.

And also, according to Section-7, the States House of Assemblies are supposed to make the laws.

In answering to your question, the Local Government is under the legislative competence of the Local Government Legislative Council, made up of the Councillors.

What is legislative competence?
The authority to make laws...Your statements above now become contradictory.

The Constitution didn't give express autonomy to the Local Governments the way it gave to the States and the FCT.

This is Correct.