A Communique from BRAN
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MATTERS ARISING FROM THE NEWLY PASSED BILL FOR THE AMENDMENT OF BENUE STATE LOCAL GOVERNMENT LAW
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For years, Nigerians have championed LG autonomy as a cornerstone for enhanced rural development. Empowering LGs with true independence would enable them to address grassroots challenges, notably, infrastructure deficits, access to healthcare, education, and economic opportunities more effectively than distant state or federal bureaucracies
Two years ago, the Supreme Court delivered a landmark ruling granting LGs financial autonomy. This decision mandated direct allocations from the FAAC to LG accounts free from state government interference via joint accounts. Regrettably, state governments have systematically failed to implement this judgment, continuing to withhold or manipulate LG funds and stifling local progress. Also, the FG that got the judgement in their favour failed to implement it after a second thought, probably because of the possibility of offending the state governors who could work against the renewed mandate of the APC-led FG in 2027 presidential election.
Before the Supreme Court judgement, the Benue State Governor had already assured the public that it would give financial autonomy to the 23 LGs once new council leaders were elected into office.
But yesterday, the Benue State House of Assembly enacted a law establishing a Ministry of LG and Chieftaincy Affairs, ostensibly to oversee LG operations. This implies that the elected LG Chairmen would be reporting to the Commissioner of LG and Chieftaincy Affairs, who is an appointee of the Governor. Again, the amendment suggests that the LG Councils will soon be a parastatal in the state government under the Ministry of LG and Chieftaincy Affairs. This move starkly contradicts the essence of LG autonomy earlier pronounced by the Governor, the Supreme Court judgement granting financial autonomy to the LG, and against the Nigerian constitution
LGs constitute the 3rd tier of government, governed by democratically elected Chairmen and Councillors. Introducing a state-controlled ministry to supervise LG activities effectively subordinates elected local leaders to gubernatorial appointees, violating the federal structure enshrined in the 1999 Constitution (as amended).
Also, the law further requires a % of LG allocations to be diverted to fund MDAs, which are entities outside LG jurisdiction. This redirection not only deprives LGs of resources needed for local priorities but also entrenches the very state dominance the Supreme Court sought to dismantle and what the Benue State governor promised to stop.
These provisions render the new law a direct affront to the Governor’s earlier pronouncement, judicial authority, and the principles of fiscal federalism.
To resolve this impasse and actualise LG autonomy as envisioned by the Governor of Benue State, the Balanced Rights Advocates Nigeris presents the following actionable steps to enhance efficacy of the LG system and grassroots development.
1. The Governor shouldn’t assent to the amendment and direct the State House of Assembly to further amend the offending sections of the newly passed Bill, particularly those creating supervisory oversight of LG through the newly created ministry and fund diversions to MDAs.
2. Enforce direct FAAC payments to LG accounts, with transparent audits to prevent tampering.
3. Establish an independent LG Autonomy Commission to monitor compliance, handle disputes, and ensure funds are used for rural development projects.
By adopting these measures, Benue State can unlock LG potential, foster equitable development, and honour the Governor’s and Supreme Court’s vision for a truly federal system.
Signed:
Balance Rights Advocates Nigeria (BRAN)
1st April, 2026
