Senior Advocate of Nigeria, SAN, Mr Olisa Agbakoba has faulted the Lagos State House of Assembly’s Local Government Administration Bill on the proposed establishment of the Office of the Auditor-General for Local Governments.
Agbakoba, a former President, Nigeria Bar Association, NBA, stated this in an interview with the News Agency of Nigeria, NAN, yesterday in Lagos.
NAN reports that the bill is titled: “A Bill for a Law to Provide for Local Government’s System, Establishment And Administration And to Consolidate All Laws On Local Government Administration And Connected Purposes.”
NAN reports that the bill, which has gone through public hearing, is awaiting third reading at the Aassembly .
NAN reports that Section 56 of the bill states that “There shall be an Auditor-General for the Local Governments who shall be appointed by the governor subject to the confirmation of the House.”
Section 57 (1) says,”The Accounts of the LGAs and all other offices shall be audited annually in accordance with the provisions of this section.”
According to Section 57 (2 and 3) of the bill, the Auditor-General shall, within six months from the end of each financial year, submit a report to the House and the speaker. The report shall be considered by the appropriate committee of the House, which will submit its findings and recommendations.
Agbakoba told NAN that the proposed sections were not only unconstitutional, but contradict the Supreme Court judgment on financial autonomy granted to the 774 local governments as the third tier of government.
The former NBA president said State Assemblies lack the power to audit accounts of local governments in their respective states.
“Before the Supreme Court judgement on local government financial autonomy, the issue of whether State Assemblies have the power is what we call a ‘threshold issue’. In other words, it is something that requires careful thinking.
“Then, one needs to look at the nature of the powers conferred on the House of Assembly by the residual powers in the constitution and the powers conferred on local governments by Schedule 4 of the Constitution.
“However, speaking for the purpose of the litigation at the Supreme Court, which ended in a judgment in favour of financial freedom for the local governments, this would mean that the 774 local governments have now gotten financial independence and are free from control in respect of their funding that comes from the federation account.
“So, to now create an Office of Auditor-General in respect of local government funds in Lagos State seems to me to be kicking back from what the Supreme Court pronounced.
“I think it is unconstitutional because the Supreme Court made clear in its decision that local governments are free from the control of state governments and that is the final court, so that is what the law represents,” he said.
Agbakoba said he was happy to note that the apex court decided the case in the way it did , because for him, that was the start of the political restructuring Nigerians had been calling for.
The legal luminary wondered why the Lagos State government and other state governments need to worry themselves with the burden of local governments when they themselves have enough work to do.
“I don’t understand it. They already have their hands full,” he said.
The lawyer urged state governments to leave local governments matters and focus on the provision of education, infrastructure and other things expected of them.
According to him, politically, Nigeria cannot be said to be free when governors and assemblies are constricting local governments.
He said the presidency and the National Assembly are not constricting state governments in the same manner, calling for total independence for local governments.
“What is the business of a governor, whether it is Lagos or anyone else, to worry? I would think a governor who has been told, don’t worry about local government will feel happy.
“Also, I would also ask the House of Assembly, don’t they have enough work to develop Lagos into a first-class cosmopolitan international city, which it is not presently? Don’t they see Dubai?
“Are they not looking at even Saudi Arabia? Why would they want to compound themselves with additional responsibility of auditing local government funds? (NAN)
