Criticisms have trailed behind the signing into law of the Anambra Local Government Administration Law 2024 by Governor Chukwuma Soludo, on Tuesday.
According to Soludo, the law was necessitated by the fact that granting absolute autonomy to the 774 local government areas was a recipe for “humongous chaos” and would not lead to a sustainable development.
At a press briefing shortly before signing the law at the Governor’s Lodge in Awka, on Tuesday, Soludo argued that the Supreme Court judgment did not nullify Section 7 of the 1999 constitution.
It was learnt that the state House of Assembly passed the bill, titled “Anambra Local Government Administration Law 2024”, during its plenary session last Tuesday.
Addressing newsmen, Soludo insisted that Section 7 of the constitution empowered the state governments to enact enabling laws for the administration of the respective local government areas across the country.
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He emphasised that the two legislations passed by the state Assembly sought to achieve consistency, enhanced transparency and collaboration among the tiers of government.
The signing came amid concerns from members of civil society groups and other opposition groups faulting the passage of the Local Government Administration Bill.
The opposition regarded it as an attempt by the governor to arm-twist local government chairmen into paying their federal allocation back to the state.
Among persons groups that raised concerns about the new law were a member of the Labour Party in the state, Chief Damian Ugoh, who said, “Signing of the LG is against the Supreme Court judgement.
“The bill seeks to arm-twist the chairmen to send back the local government allocation received directly from the Federal Government to the state coffers.
“Consequently, we, as a political party, stand by the decision of the Supreme Court, the highest court in the land, on the autonomy of Local Government and the management of their funds.
“That going by the extant order of the Supreme Court, the state House of Assembly cannot make laws seeking to compel the local governments to pay in their federal allocation to the state government under whatever guise.”
Also reacting, the Executive Director of Civil Rights and Liberty Organisation, Dr Ralph Uche, described the signing of the law as “anti-people,” aimed at denying the local government councils’ funds meant for grassroots development.
Uche said, “The bill seeks to compel local government areas to remit a portion of their federal allocations into a consolidated account controlled by the state, which is a wrong development.”
Meanwhile, Governor Soludo has defended his decision to sign into law a bill many considered an affront on the Supreme Court judgment on the autonomy of local government councils, complaining that governors were being stigmatised.
He said being a governor at this time is not a fanciful job given the gamut of allegations against governors over local government funds.
Soludo spoke at a news conference on Tuesday in Awka, the state capital, to clarify the new State Economic Planning and Development Law, 2024 and Local Government Administration Law, 2024.
According to him, governors are often accused of seeking to “control” LG funds with insinuations that they are mismanaged.
He said: “In a society where public office is seen as dining table and public trust is low, people judge others by their own standards.
“By what they would do if they were in the position.
“I often ask: ‘Control for what?’”
The governor said the recent Supreme Court judgment on LG autonomy was an opportunity for public good, greater transparency, coordination and collaboration between the state and LGs.
He said the judgment prompted the enactment of the laws to ensure that funds transferred to the LGs were properly appropriated, spent and accounted for.
Soludo said that the new laws were consequential to give operational life to the Supreme Court judgment and not to undermine it.
He said: “Neither the Constitution nor the Supreme Court judgment prescribes the manner of appropriation, expenditure, and audit/accountability for LG funds.
“The eminent jurists at the Supreme Court did not outlaw collaboration and cooperation among the LGs in funding joint or common services, nor did they nullify Section 7 of the Constitution.
“The new laws require that the LG chairmen meet under the aegis of the State Economic Planning Board (similar to the National Economic Council), decide what percentage of their revenues to contribute to a joint LG account to pay for common services.
“This is to ensure that the state can function in a cohesively planned, transparent and sustainable manner to maximise the security and welfare of the citizens.”
Soludo said the new laws were designed to protect workers at the local level, protect primary education and primary health care from chaos and collapse.
He also said there was the need for active collaboration between the state and LGs, adding: “Given the functions assigned to the LGs by the Constitution, it is impossible to see how they can perform them without active collaboration with state governments.
“Without active collaboration and coordination between state and LGs, many LGs will end up in a huge financial mess, requiring bailouts by state governments.”
