Comparative Local Government Study Guide

Historical Evolution of Local Government in Nigeria

Local government administration in Nigeria dates back to the pre-colonial period. During this era, centralized political systems existed, such as the emirate systems of the Sokoto and Borno caliphates, as well as the Ibadan, Egba, Ekiti, and Oyo empires. In these sovereign domains, Emirs, Obas, and Chiefs exercised governance over their territories.
Smaller internal units, such as districts, villages, and wards, functioned as subordinate levels of government within these kingdoms and empires, effectively serving as early forms of local government.
The British colonial administration introduced the system of Indirect Rule. This system eventually degenerated into direct rule because traditional rulers were reduced to mere local agents of colonial officers. Emirs in the North, Obas in the West, and Warrant Chiefs in the East became "Sole Native Authorities."
A reform in the $1930$ s regularized the position of Emirs as Sole Native Authorities to consolidate hegemony in Northern heartlands. Similar measures occurred in the West and East, though patterns varied by district.
The structure of Native Administration was hierarchical:
- Governor General: The head of administration responsible for overall territory policies and Native Administration.
- Lieutenant Governors: Managed the Southern and Northern Administrations with headquarters in Lagos and Kaduna, respectively. They oversaw annual budgets for their areas.
- Residents: Heads of Provincial Administrations. The number of provinces in the South increased from $3$ to $9$ (Abeokuta, Benin, Oyo, Warri, Calabar, Ogoja, Ondo, Onitsha, and Owerri). The Resident reported to the Lieutenant-Governor.
- District Officers (D.Os) and Assistant District Officers: Led Divisional Administrations and handled the execution and implementation of government policies.
In $1939$ , Governor Bernard Bourdillion ( $1939$ - $1943$ ) used the River Niger as a boundary to divide Southern Nigeria into Eastern and Western groups of provinces. This resulted in three groups: Northern (Kaduna), Eastern (Enugu), and Western (Ibadan).
Success and Failure of Indirect Rule:
- North: Highly successful due to the feudal and centralized political system.
- West: Partially successful.
- East: Failed due to the decentralized nature of the Igbo traditional political system. The Aba Women Riot of $1929$ highlighted the inadequacies of the system, leading to the "Best Man Policy," where people elected representatives to native courts and councils.
Growth of Local Government Units:
- $1970$ : $299$ units.
- $1979$ : $301$ units.
- $1981$ : $781$ units (when states were authorized to create councils).
- $1984$ : Reduced to $301$ following the overthrow of the civilian government.
- $1987$ : $449$ units.
- $1991$ : $589$ units.
- $1996$ : $774$ units.

Reforms and Statutory Changes in Nigerian Local Government

Pre- $1966$ Reforms: Southern elites, feeling marginalized by Indirect Rule, pushed for reforms. In $1950$ , the Eastern Region replaced native administration with the Local Council Ordinance. The West followed with the Local Council Law of $1952$ , and the North passed a law in $1954$ .
- The East and West adopted a three-tier structure: (i) County/Divisional Council, (ii) District Council, and (iii) Local Council.
- In $1955$ , Local Council Service Boards were created in the South to regulate appointments. In $1960$ , the Ministry of Local Council was created to inspect finance and personnel.
Military Intervention Reforms ( $1966$ - $1975$ ): The military abolished the native court system, integrated local police into the federal force, and took over local prisons. In the North, three-tier structures remained common (Local Authority, Administrative Area Council/Area Development Board, and District Council).
- East Central State: Adopted "Development Administration" based on community self-help, using a two-tier structure (Divisional and Community Councils).
- West: Adopted the North American "Council Manager" system, using a board of directors model with a professional secretary as the chief executive.
$1976$ Nationwide Reform: This was a radical departure that introduced a uniform, single-tier local government structure across Nigeria.
- Local government was recognized as a third tier of government.
- Population criteria: Not less than $150,000$ and not more than $800,000$ .
- Main features: Abolished old divisional systems; introduced federal grants disbursed through states; and established "Supervisory Councillorship."
Dasuki Review Committee ( $1984$ ): Set up because the $1976$ reforms were deemed insufficient. This exercise resulted in the subordination of councils to states and the appointment of "Sole Administrators."
$1988$ Reform: Based on Local Government Review Commission recommendations, it abolished State Ministries of Local Government and replaced them with Departments in the Governor’s office.
- Statutory allocations moved from $10$ per cent to $23$ per cent and were paid directly to councils.
- Primary education and healthcare were transferred to local governments.
$1999$ Constitution: Introduced ambiguity by giving the National Assembly, State Houses of Assembly, and State Governments overlapping roles in council affairs, leading to confusion and non-performance.
$2004$ Review: Chaired by Alhaji Umaru Sanda Ndayako (and later Alhaji Liman Ciroma). It retained the $774$ council structure but required councils to submit budgets to State Houses of Assembly.

Conceptual Dimensions and Characteristics of Local Government

Verbatim Definition: Local government is defined as government at the local level exercised through representative councils established by law to exercise specific powers within defined areas. According to Oni ( $1993$ ), it exists in a geographical area with common social and political ties, possessing institutional and financial powers to complement state and federal activities.
United Nations Definition: A political division of a nation (or state in a federal system) constituted by law that has substantial control of local affairs, including the power to impose taxes or exact labor for prescribed purposes.
Dimensions of the Concept:
- Social: An organized social entity with feelings of convergence or divergence. Sets basis for rural, semi-urban, or metropolitan forms.
- Political: A variant of democracy that impacts political education of local people.
- Economic: Sound economic bases determine local politics (e.g., farmers in rural areas vs. diversified composition in urban areas).
- Administrative: An organization combining democracy and bureaucracy to achieve efficient and responsible performance.
- Geographical: Conceptualized by territorial jurisdiction over specific physical and demographic features.
- Legal: A body corporate and juristic person. It is an agent of the state exercising delegated sovereignty and has the right to enter contracts and own property.
$9$ Essential Characteristics:
1. Local Areas: Fixed territorial limits (city, town, or village).
2. Local Authority: Run by directly elected representatives.
3. Civic Amenities: Objective is to provide services (clean streets, education, etc.) at doorsteps.
4. Local Finance: Raised locally through taxes, though legal basis is provided by higher government.
5. Local Autonomy: Freedom to act within the sphere of allotted activities.
6. Local Participation: Essential for the success of developmental plans.
7. Local Leadership: Provision of strong, elected leadership for often illiterate or non-professional populations.
8. Local Accountability: Accountable to residents who monitor performance.
9. Local Development: Aimed at overall socio-economic progress.

Theoretical Models for Local Government Justification

Democratic-Participatory Theory: Focuses on the benefits of participation. It views local government as the "best school of democracy" (as remarked by Lord James Bryee). It provides training for political leaders and serves as a lever for acquiring leadership qualities before contesting national offices.
Efficiency-Services Theory: Argues that local government is the best place to provide services due to the and proximity to people and limited geographical area. It bridges the communication gap between rural populations and higher tiers of government.
Accountability and Control Theory: Emphasizes that local elections allow the electorate to choose competent representatives and hold them responsible for their performance. The ability to re-elect or reject officials at the polls is the primary mechanism of control.
Resource Mobilization Theory: Explanation for local government as a basis for mobilizing human and material resources for rural development.

Structural Organization and Arm Divisions

Executive Branch: Comprises the Chairman (Chief Executive and Accounting Officer), Vice-Chairman, Supervisors, and the Secretary (a political appointee). The career civil service unit includes the Head of Personnel Management and Heads of Departments (Works, Education, Agriculture, Health, Finance, and Supplies). HODs undergo annual performance evaluations.
Legislative Branch (The Council): Comprises elected Councillors representing wards. It is headed by a Leader and Deputy Leader. It has the power to pass bye-laws. The Chairman has a power of veto, which the Council can override with a two-thirds majority vote.

Scope, Mandatory Functions, and Strategic Importance

Mandatory Functions (Fourth Schedule):
- Collection of rates (tenement, radio, television, and non-mechanically propelled vehicles).
- Maintenance of cemeteries, burial grounds, and homes for the destitute.
- Maintenance of markets, motor parks, and public conveniences.
- Naming of roads/streets and numbering of houses.
- Registration of births, deaths, and marriages.
- Licensing and control of liquor sales and outdoor advertising.
Participatory Functions (with State):
- State economic planning and development.
- Provision of primary, adult, and vocational education.
- Development of agriculture and natural resources.
- Provision of health services.
Importance of Local Government:
- Acts as a hedge against the over-concentration of power and tyranny.
- Serves as a socio-economic laboratory for testing new policies.
- Provides local knowledge to bear on governance.
- Disperses power widely as a safeguard for local freedom.

Legislative Processes and Control Mechanisms

Legislative Control: Local governments are established by acts of parliament or decrees. Operations are guided by these laws, which can be amended or investigated by the legislature.
Administrative Control: Exercised by the Ministry or Department responsible for Local Government. It approves budgets, major projects, and bye-laws. The Commissioner of Local Government has "default power" to dissolve a council for corruption or irresponsibility.
Financial Control: Includes the approval/rejection of budgetary estimates by the supervisory ministry and auditing of accounts by the State Auditor-General.
Judicial Control: Courts can declare council actions illegal or unconstitutional and order officials to follow established law.

Comparative Local Government: British System

Evolution: Modern form began in the $19$ th century. The Local Government Act $1888$ created $66$ county councils and the London County Council. The $1894$ Act created parish, urban district, and rural district councils.
Structure: Operates under a one-tier (Unitary) or two-tier (County and District) system.
- County Councils: Responsible for education, highways, social care, and waste disposal.
- District Councils (Borough/City): Responsible for housing, waste collection, and local tax collection.
- Unitary Authorities: Handle all local government functions in large towns or small counties.
- London Boroughs: Similar to unitaries but share strategic roles with the Greater London Authority (GLA).
General Power of Competence: Introduced by the Localism Act $2011$ , allowing councils to do "anything that individuals generally may do," effectively removing the limitation of ultra vires for most lawful acts.
Local Welfare Crisis: Since $2013$ , local welfare spending in Britain reduced by $72$ per cent on average. Ending such welfare puts thousands at risk of hunger and destitution, creating a "postcode lottery" for emergency funding.

Comparative Local Government: French System

Classification: Regarded as the local arm of the central government. It is a highly non-representative, centralized system codified under Napoleon I.
Tiers of Administration:
1. The Communes: The lowest tier ( $36,551$ units in $1990$ ; $36,763$ in $2002$ ). $80$ per cent have fewer than $1,000$ residents. Small communes often merge into communal syndicates.
2. The Departments: $100$ units ( $96$ metropolitan, $4$ overseas). Responsible for health, social services, and departmental roads.
3. The Regions: $26$ units ( $22$ metropolitan, $4$ overseas). Created in $1955$ for town and country planning.
The Mayor: Head of the commune elected for a $6$ -year term. Has "two hats": representative of the commune and representative of the state (handling registries and repression of crime).
The Prefect: Appointed by the central government. Acts as the sole person empowered to act on the state's behalf in the department. Supervises local authorities and can dismiss a Mayor by executive order for failing to obey orders.

Comparative Local Government: United States System

Constitutional Basis: The Tenth Amendment grants powers not given to the federal government to the states and people, who then establish local governments. There are $89,004$ local government units ( $2012$ data).
Jurisdictions:
- Counties and Municipalities: The primary two tiers. Municipalities include cities, towns, boroughs, and villages.
- Townships: Divisions of counties present in some states.
- Special Districts: Single-purpose entities (school districts, fire protection, water management). School districts provide elementary and secondary education with fiscal autonomy.
Funding: Property taxes on land and buildings provide the majority of income. Other sources include federal and state grants (restricted to specific projects like roads or healthcare), licenses, and lotteries. Education usually accounts for nearly a quarter of the budget.

Classification of Global Local Government Forms

Presidential Type: Executive and legislative arms are separated. Executive powers are vested in a Chairman or Mayor directly elected by the whole local government area as their constituency.
Parliamentary Type: Executive and legislative arms are fused. The Chairman and Secretary are members of the elected Council. Governance often operates through a committee system.
Prefectoral (French) Type: Characterized by hierarchical structure and integration with the central administration. A central appointee (Prefect) directs and supervises the locally elected Mayor and council.
Marxian/Communist Type: Local government serves as an economic planning unit and an integral part of national planning. One-party dictatorship (e.g., in Russia or China) ensures alignment with socialist values.
Council-Manager Type: Based on a dichotomy between politics and administration. An elected council makes policy, while a professional "Council Manager" (appointed based on qualification and experience) handles daily administration.
Commission Type: A system where a small group of elected officials (commissioners) collectively form the legislative body and individually head specific administrative departments.

Questions and Discussion

Question: Describe why the system of indirect rule later degenerated into direct rule.
Answer: Traditional rulers became mere local agents of colonial officers. Emirs, Obas, and Warrant chiefs became sole native authorities in their domains rather than independent leaders.
Question: Describe the population requirements for establishing a local council in line with the $1976$ reform.
Answer: The council must serve a population of not less than $150,000$ people and not more than $800,000$ .
Question: Who was the head of the structure of Native Authority?
Answer: The Governor General was responsible for directing overall policies, while Lieutenant Governors managed the Southern and Northern Administrations.
Question: How does the British local government system differ from the French system?
Answer: The British system (Anglo-Saxon) is characterized by greater autonomy and elected councils with less central interference. The French system is highly centralized, with an appointed Prefect exercising control over the elected Mayor.
Question: What are the primary sources of funding for local governments in the United States?
Answer: Property taxes on land, buildings, and personal dwellings are the primary sources, supplemented by income from licenses, state/federal grants, and lotteries.

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