The trajectory of the Lagos 37- Local Council Development Area (LCDAs) birthed in 2002 as “a child of circumstance” during the exemplary leadership of the former Governor, now President Bola Ahmed Tinubu, GCFR came into existence as an Act of the Lagos State House of Assembly after the widely held referendum across the existing 20 LGAs in the State. The governor’s action then attested to the famous “Lagos Spirit” that marked it out among the rest as the “Centre of Excellence.” Lagos is indeed a place of unique adventure where several outstanding achievements are won with national and international accolades.
Although, the creation did not go down well with the ruling Peoples Democratic Party (PDP) at the centre then. The aftermath was the seizure of the Federal allocations meant for the 20- LGA listed in the Constitution against Lagos State, while the State Government had to sue the Federal Government for withholding its LG allocations.
Given the provision of section 7 of the 1999 Constitution (as amended) which allows “the existence of a Democratically Elected Local Government Councils” and specifically, Section 8 which grants powers to each of the States’ House of Assembly to create Local Government Area, and to also determine their establishment, composition, and structure. The Lagos State House of Assembly in 2002 and 2004 had fulfilled the Constitutional requirements that conferred legal status to run 37- LCDA in the State till date.
The lead judgment of the Supreme Court, delivered by former Chief Justice Muhammadu Uwais held that “the creation of new Local Government Areas or Councils is supported by the provisions of the Constitution” as provided for under Section 8(5). According to him, “I am satisfied that the House of Assembly of Lagos State has the right to pass the Creation of Local Government Areas Law No. 5 of 2002 and to amend it by passing the Creation of Local Government Areas (Amendment) Law, 2004.” Part of that judgment also included a caveat, that for the new LCDAs to be recognizable and given the same status to receive allocations from the Federation account, the National Assembly would need to amend Section 3 subsection (6) and Part I of the First Schedule to the Constitution.
The Lagos State Government by thick and thin had scaled through all the legal and financial hurdles imposed on it by the former President Olusegun Obasanjo – led Federal Government because it feared that the creation of the LCDAs, been the first in the history of the fourth republic might open the floodgates in some States. However, setting the precedence has remained an unprecedented legacy that the former Governor bestowed upon Lagosians and posterity. The LGs and LCDAs which existed side by side have broadened public participation in grassroots politics, as well as impacted more lives than they could have done within the 20 -Local Government Council.
If we must revisit the lead judgment delivered by the Honourable Justice Uwais, the Lagos State Government through the State House of Assembly had fulfilled its Constitutional role in creating the new Local Government Areas, and one particular clause in that judgment which declared the creation “inchoate” until the National Assembly amend Section 3 of the Constitution did not render the newly created “Councils” invalid. To be “inchoate” means the process of becoming full-fledged has not been completed by the next higher authority mentioned by the Constitution.
Therefore, that the National Assembly has decided to render the 37- LCDA inchoate till date is an absolute failure of the Legislature at the centre. Notwithstanding the neglect to exercise its authority as supposed, the legality of the new Councils in the State has remained binding. Similarly, the Supreme Court’s judgment on the Local Government’s financial autonomy has reaffirmed the powers of States’ Government regarding the existence of LGs without ambiguity.
The operation of these new Councils for over two decades would not have survived the bitterness of being suffocated and void financially, if not for the leadership ingenuity of the Lagos State Government. Despite being inchoate in the last twenty-two years, verifiable public testimonials have trailed the performance of the 37 – Local Council Development Area in the State. Therefore, since these LCDAs have outgrown the bathing water and become part and parcel of the flesh of Lagos State, Lagos must maintain the LCDAs to strengthen grassroots democracy to increase the dividends of democracy for residents in the State.
With Lagos’s population hitting the estimated twenty-three to twenty-four millions now, the growing megacity put a strain on the well-being of its residents, and the State Government alone cannot bear the supply of all the developmental needs and good governance that can touch the entire grassroots. Hence, the State Government’s initiative to increase the scope of people’s participation has practically brought the various Councils closer to the doorstep of the people across communities.
Last week, the Chairman of Orile-Agege LCDA expended #100M to support one thousand people in their businesses when he gave each of the beneficiaries, the sum of #100,000 (One Hundred Thousand Naira) only. While his counterpart in Agboyi-Ketu LCDA had invited the people’s Governor, Mr. Babajide Olusola Sanwo-Olu who commissioned the newly built apartments to abridge the housing deficit in the area were parts of the numerous celebrated achievements in the entire 57- Council. This is not to say that these Councils do not have peculiar shortcomings, but so far, they have impacted many lives.
Twenty-two years down the lane, it makes sense to declare that the pundits are no longer in doubt that the LCDAs have subsisted as legal entities. Neither can anyone nor groups of persons dictate to the State Government on how it runs the LGAs/LCDAs in respect of the Apex Court’s verdict on financial autonomy to the LGAs across the Country.
In conclusion, the idea that the Federal Government is preparing a bill to propose the creation of Local Government National Electoral Commission is a ruse, as such a step would negate the cardinal virtue of power sharing in a Federation between the Federal and States. So, for those watching the political climate to make their intention known about the coming Lagos Council Polls, the power lies intimately with the State.
Reuben Omotayo Hopo
Public Affairs Commentator and Brand Strategist writes from Badagry, Lagos.
