*By David Mkpume
In Nigeria’s federal structure, the local government system is designed to operate closest to the grassroots, making it easier for citizens to participate in governance. This is intended to shape good governance and provide essential social amenities necessary for development at the lowest level. According to the Nigerian Constitution in its Fourth Schedule, local governments have defined functions, including the provision and maintenance of primary, vocational and adult education; provision and maintenance of healthcare services; the development of agriculture; the naming of streets and numbering of houses; the establishment and maintenance of cemeteries, motor parks, markets, slaughterhouses, just to mention a few.
The Constitution also, by virtue of Section 7(1), has made elections into local government councils under the purview of state governments. The phrasing of that clause, “system of local government by democratically elected local government councils is under this Constitution guaranteed,” also makes it clear that local government councils are set up to be managed by democratically elected leaders, and it was not the intention of the drafters that they should be managed by caretaker committees. However, it is common to find local government councils run by caretaker committees rather than elected persons because of the failure of some states to conduct local government elections. While in states where local government elections are conducted, the elections do not meet integrity standards.
When local government elections are held, these elections often fall short of being free, fair, and credible. Persisting challenges affecting the conduct of credible local government elections include the weak and ineffectual electoral laws, lack of independence of state independent electoral commissions (SIECs), poor elections management and administration and the lack of confidence in the process. The lack of confidence in the electoral process is revealed in the diminishing interest by political parties to contest in local elections. The trend suggests that in almost all cases the ruling party in respective states win all the offices and seats during local government elections. Opposition parties in most of the states accuse the SIECs of bias and the ruling states of undue influence over the process creating a process that seems more like a selection rather than an election. The lack of confidence in the process is also revealed in the abysmal level of voter participation and the increase in voter apathy. These factors negatively impact the quality of local government elections in Nigeria, diminish citizens’ rights to choose their representatives and affect the quality of governance they receive.
The quest for improved local government elections is a part of the agitation for local government autonomy, which, over the years, has generated much public discussion in the country. The autonomy of local governments is essential for effective governance, accountability, and service delivery at the local level. One important way to achieve this is to conduct periodic local elections without interference from the executive arm of government – where governors allow local governments to have their own democratically elected chairmen and stop imposing caretaker chairmen to manage local government affairs as part of dispensing political patronage.
The overbearing interference of governors in the local government elections and the undermining of the SIEC has created a system of institutionally weak SIECs. Against this backdrop, there have been recent calls in some quarters for SIECs to be scrapped and the responsibility for local government elections transferred to the Independent National Electoral Commission (INEC). The thinking is that INEC will do a better job of organizing these elections, as they are less prone to interference from the governors and will ensure that the elections are held regularly as spelt out in the law.
However, amending the Constitution to scrap SIECs will be counterproductive as it will not make local elections credible or improve outcomes. Rather, it will overstretch an already overburdened INEC, leading to poorly conducted local elections. It will also undermine the autonomy of states guaranteed in the Constitution, potentially leading to an overconcentration of power in the Federal Government contrary to the principles of federalism. The focus on strengthening local governance should focus on granting local government autonomy and improving the quality of local elections.
So, how can we improve local government elections in Nigeria?
We need to focus on improving the performance of SIECs by strengthening our laws to safeguard their operational, administrative and financial independence. There is also a need to address the ambiguity regarding the tenure of Local Government Chairmen and councilors through constitutional amendments to minimize arbitrary dissolutions of local governments by governors supported by state legislatures. This should also include establishing clear criteria and timelines for making appointments into SIECs. Additionally, there needs to be legislative reforms that introduce mechanisms for equitable devolution of power to state and local government, including laws that empower local governments with greater administrative and fiscal autonomy. These reforms should also establish robust legal frameworks for SIEC activities, which should be harmonized with the Electoral Act 2022 for uniformity and legal coherence. Finally, SIECs should invest in capacity development to improve the quality of election administration at the state level. This includes training for electoral officers, acquiring modern electoral technologies, and improving administrative processes.
These ideas are not entirely new; some have been adopted to both strengthen our electoral system for the general elections and also to build INEC as an institution. Recommendations from previous election observations of local elections and advocacy efforts indicate that there is an opportunity to reform local government elections and achieve local government autonomy through constitutional reforms. With the progressive provisions in the Electoral Act 2022, there is a need for state Assemblies to amend their state electoral laws in line with Section 150 of the Electoral Act 2022. Enhancing the legislative framework for local government elections across the states will enable the conduct of local government elections that can serve as models. It is important for governors and the ruling political party in each state, refrain from interfering with the process and from undue influence of the SIEC.
While transferring the responsibility for conducting local government elections from states to INEC or even another federal body might look like a path to improving the credibility of the elections, it would only result in negative outcomes for our democracy and federalism without even achieving its intended purpose.
David Mkpume is a Communications Officer at Yiaga Africa with experience in election observation and political inclusion advocacy in Nigeria. The article was first published in The Guardian Newspapers.
