AN EXAMINATION OF THE ROLE OF THE JUDICIARY IN UPHOLDING LOCAL GOVERNMENT AUTONOMY IN NIGERIA

Student: Honour Ojimah Joseph
Supervisor: Dr Ijenma Okwu
HOD: Dr Dindi Nuraen Taiwo
Department of Law
Law
Baze University, Abuja, Fct

Abstract

In Nigeria, the judiciary plays an important role as enshrined in the constitution. The role of the judiciary cannot be over emphasized as it is a stabilizer in the political system and has the extra duty of the protection of the constitution. Local governments, as the third tier of government, are intended to function independently to ensure grassroots development and democratic governance. However, in practice, their autonomy has been consistently undermined by state governments through various means, including financial control, administrative interference, and dissolution of elected councils. This study examined the role of the judiciary in upholding local government autonomy in Nigeria, focusing on constitutional provisions and recent judicial interpretations. It aimed to assess how judicial decisions have influenced the independence of local governments, particularly in light of the landmark Supreme Court ruling of July, 2024, which affirmed the financial and administrative autonomy of the 774 local government councils. The methodology involved was a doctrinal research methodology which entailed qualitative analysis of primary sources, including the 1999 Constitution (as amended) and judicial rulings, alongside secondary sources such as academic literature and legal commentaries. Findings revealed that the judiciary played a pivotal role in reinforcing local government autonomy by interpreting Sections 7 and 162 of the Constitution to mandate direct financial allocations to local councils, thereby limiting state government interference. The Supreme Court’s decision was found to enhance grassroots development, democratic governance, and accountability by empowering local governments to manage their finances independently. However, the study also identified systemic and institutional challenges that continue to constrain the full realization of local government autonomy. The study recommended strengthening institutional frameworks to support judicial rulings, enhancing local government capacity for financial management, and fostering cooperation among federal, state, and local governments to ensure effective implementation of autonomy. The research contributed to knowledge by providing a comprehensive analysis of the judiciary’s critical function in interpreting constitutional provisions to protect local government autonomy, highlighting its impact on Nigeria’s federal system and grassroots governance

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