Hon. Rotimi Ogunleye, former Lagos State Commissioner for Physical Planning and Urban Development, was among the key discussants at the 17th Asiwaju Babatunde Benson SAN Annual Public Lecture, in a thought-provoking session that brought legal minds together to examine the contentious issue of local government autonomy in Nigeria.
The event, organized by the Nigerian Bar Association (NBA), Ikorodu Branch, was held on Monday, 29th April 2025, and featured the topic: “Local Government Autonomy in Nigeria: A Myth or Reality?”
Delivering his insightful contribution, Hon. Ogunleye focused on the constitutional limitations and legal contradictions surrounding the subject of local government autonomy.
He pointed out that while Section 7 of the 1999 Constitution (as amended) guarantees the existence of democratically elected local government councils, it simultaneously empowers state governments to legislate the establishment, structure, and functions of those councils—creating a constitutional paradox.
“The Constitution states clearly that the system of local government by democratically elected councils is guaranteed, and that every state must ensure their existence by law,” Ogunleye explained.
“But the same provision hands the states the power to determine the structure, finance, and composition of the councils. So, can local governments truly be autonomous from states that legislate their very existence? The answer is NO—unless the Constitution is amended.”
Hon. Ogunleye also raised legal concerns regarding a recent Supreme Court judgment in the case of Attorney General of the Federation v. Attorney General of Abia State & 35 others delivered in 2024.
According to him, the judgment, which allows the Federal Government to pay statutory allocations directly to local government councils, contradicts Section 162(5) and (6) of the Constitution, which mandates that such funds must be allocated to the states for the benefit of their local governments.
“The ruling may appear to support financial independence for local governments, but it directly conflicts with existing constitutional provisions. It’s a classic case of judicial activism conflicting with constitutional realism,” he added.
While acknowledging the intention behind calls for local government autonomy—particularly in improving grassroots governance—Hon. Ogunleye emphasized that any genuine reform must begin with a constitutional amendment, not judicial reinterpretation or executive directives.
“The Constitution grants local governments a level of autonomy, but not independence. It does not reduce them to mere parastatals or agencies of the state government, yet it doesn’t fully liberate them either,” he concluded.
The event drew legal practitioners, scholars, public officials, and community leaders who engaged in a rigorous discourse on the challenges and prospects of achieving full autonomy for Nigeria’s third tier of government.
Many attendees praised the depth of the discussion and called for more advocacy around constitutional reforms to address the ambiguities in Nigeria’s federal structure.
The Annual Public Lecture is held in honour of the late Asiwaju Babatunde Benson SAN, a legal luminary and national figure known for his dedication to justice and public service.
INN-HOUSE☆ 