The Powers and Functions of Local Government in Nigeria 1966-1980
| Author | Brian C. Smith |
| DOI | 10.1177/002085238004700403 |
| Published date | 01 December 1981 |
| Date | 01 December 1981 |
| Subject Matter | Articles |
The Powers and Functions
of Local Government in Nigeria 1966-1980
by
Brian C. SMITH,
School of Humanities and Social Sciences,
University of Bath
Introduction
The 1976 system of local government
A central objective in the 1976 reform of
Very little can be said about the experi-
local government throughout Nigeria was to
ments of the early 1970s, since by 1976 all
ensure that significant functions were decen-
systems had been thrown into the melting pot
tralised to the local level. The constant whit-
again and a new, uniform structure emerged
tling
to be embodied in state edicts which all fol-
away of local authority powers was to
be stopped. The tendency for the regions and
lowed a standard pattern laid down by the
states to encroach
federal
on local government pre-
military authorities. The structure of
the
serves was to be reversed. The federal govern-
new system is based on a pattern of unitary
ment’s policy document states that above all,
authorities for which a population range of
these reforms are intended to entrust political
150,000 to 800,000 was prescribed in an at-
responsibility to where it is most crucial and
tempt to ensure economic viability.
The
most beneficial, that is, to the people’. Ap-
larger units of the old systems were divided
propriate services and, importantly, develop-
up and the smaller authorities were merged
ment activities were to be made responsive
to give 299 new local governments. Each
to local wishes and initiatives by devolving
urban
or
area was to fall within one authority
delegating them to local representative bodies.
and population requirements could be over-
The devolution of
riden if remoteness in a
power would give local
sparsely populated
councils ’ substantial control over local affairs’
area could thus be avoided.
(1). As one writer put it, the reforms were
The lists of statutory functions for the new
intended to restore the ‘ functional integrity’
local authorities are impressive. They have
of local government throughout the country (2).
to ‘ assist ’ in the maintenance of order and
good government .and prevent, to the best of
The reforms embodied in the 1976 edicts
their ability, the commission of any criminal
were the culmination of a process which had
offence.
They can engage in any form of
begun soon after 1967, when the regions of
trade, industry or commerce for the purpose
Nigeria were subdivided and the constituent
of directly furthering the administration, devel-
parts of the federation so formed were renamed
opment and welfare of the area and of satis-
states.
The changes introduced in 1976 were
fying a public need ‘ which cannot otherwise
the first to be applied in a uniform manner
be adequately satisfied’. Public works and
right across the country. Before that the
services may be provided and maintained for
different states had experimented with their
the same purposes. They are empowered to
own systems, devised by the state policy
purchase or rent land and can be authorised
makers.
Earlier still, local government had
by the State to acquire land compulsorily if
been the responsibility of the regional govern-
the performance of their functions requires it.
ments, and each region’s system reflected its
Wide powers of control, through bye-laws and
colonial experience and the forces of regional
licences, over a range of social and economic
politics during the first republic.
activities such as markets, grazing grounds,
and the keeping of animals were devolved.
Other services which may be devolved at the
discretion of the state governments include
(1) Federal Ministry of Information, Guidelines for
Local Government Reforms, Lagos, 1976.
education, health, agricultural and veterinary
(2) D. Olowu, Urban Local Government under the
extension work and housing. These are servi-
1976 Local Government Reform : An Appraisal,
ces which are assumed to be local government
1979, p. 4. Paper presented to National Conference
on Local Government
responsibilities but which may be
Reforms, Institute of Admin-
performed
istration, Zaria.
by State agencies until local authorities are
326
equipped financially and professionally to per-
In terms of legal and constitutional provi-
form them.
sions, then, local government is extraordinarily
well placed to perform a major role in local
Perhaps the most unusual feature of the
development, both economic and social. How-
new local government system is that the 1978
ever, it has been pointed out that the shortage
constitution with which Nigeria returned to
of professional staff and the calibre of coun-
civilian government in October 1979 ‘ guaran-
cillors will prevent the devolution of most con-
tees ’ a system of local government by demo-
current functions in the near future (3).
In
cratically elected councils. Each state of the
some states even functions on the exclusive
federation is required to provide for the estab-
list such as markets, motor parks, and property
lishment, structure, composition, financing and
rating have not been devolved.
functions of local councils. The constitution
The state governments have tended to regard
specifically confers the duty on local councils
the local authorities as their agents. They
to participate in economic planning for which
have not felt constrained by the various formal
purpose each state is required to establish an
allocations of
economic
powers between States and local-
planning board. The fourth sche-
ities which exist in edicts, policy statements
dule of the constitution sets out the functions
and the constitution. Thus the picture that
which are to be among those conferred by law
is emerging is one of a very pragmatic distri-
on local government.
They fall into three
bution of responsibilities with the states en-
categories: advisory, exclusive and shared.
gaging in whatever activities they regard as
necessary. Hardly any function is seen as the
The advisory role of local government entails
sole preserve of local government.
considering and making recommendations to
the state’s economic planning body. The ex-
Local
clusive functions
government expenditure
are mainly those...
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