LG Autonomy: "Why Scrapping LCDA is Complex", Expert Explains

• The Supreme Court verdict granting financial autonomy to local governments has put the status of the LCDAs created in some states under threat
• This is as governors would no longer have access to the resources of the local governments to finance the LCDAs
• However, Titilope Anifowoshe, a legal practitioner, urged the affected states to approach the national assemble for a review of the local government law rather than scrapping the LCDAs

The Supreme Court judgment granting financial autonomy to local governments in Nigeria has created a dilemma regarding the creation of local council development areas (LCDAs).

Lagos took the lead during President Bola Tinubu's administration as governor of the state. However, the state is now debating the status of the president's legacy.

Anifowoshe speaks on Lagos LCDA's status

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In an exclusive interview with Legit.ng, Titilope Anifowoshe, a legal practitioner, urged the state assembly to approach the national assembly to give local government status to the LCDAs rather than scrapping them.

She said:

"The idea of scrapping LCDAs following the Supreme Court judgment is complex. The creation of LCDAs in Lagos has undoubtedly mitigated the strain of local governance and brought the government closer to the people. Moreover, LCDAs in Lagos have undertaken projects typically executed by state governments in other states.

"The Supreme Court judgment in AG Lagos V. AG Federation (S.C. 70/2004) sheds light on this issue. Justice Uwais, while delivering the lead judgment in favour of Lagos State, stated, "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."

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"However, Justice Uwais added a crucial caveat: for new LCDAs to be recognized and receive allocations from the Federation Account, the National Assembly must amend Section 3 subsection (6) and Part I of the First Schedule to the Constitution."

What Lagos should do on LCDAs

Citing the judgment, the legal icon urged Lagos and other states with LCDAs to approach the national assembly to legislate on the local government law to upgrade the LCDAs.

Anifowoshe stated:

"This judgment provides a clear path forward. To resolve the LCDAs' status, states should approach the National Assembly to legislate on the Constitution and grant LCDAs the status of Local Government Areas (LGAs).

"I think right there we have the answer to our question, states proceed to the National Assembly to have them legislate on the constitution to give the LCDAs the Status of LGAs."

• A constitutional amendment bill passed by the National Assembly
• A two-thirds majority vote from both chambers
• Approval from at least 24 state Houses of Assembly in Nigeria

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LG autonomy: Lagos assembly to scrap LCDA

Legit.ng earlier reported that the Lagos state House of Assembly is considering scrapping the LCDAs created in 2003 by President Bola Tinubu when he was governor.

The new proposed bill to amend the state's local government law would recreate the LCDAs into administrative areas.

Bisi Afolabi, a legal practitioner who spoke with Legit.ng on the development, said the Nigerian constitution did not recognise the LCDAs.

Source: Legit.ng