States maintain a State Joint Local Government Account into which funds
from the Federation Account that are destined for local government
councils are deposited. In addition, states are obliged to pay to it a certain
proportion of their total revenue as prescribed by the state legislatures.
Section 8 of the constitution enjoins the states to make laws providing
for the establishment, structure, composition, finance and functions of
councils. Allegations abound that, in several regions, the practice by
state executives has been to use their powers to subordinate the local
government councils to the federal and state functionaries, some of whom
have abused their powers and rendered several local government councils
dysfunctional. For example, the plans, budgets, projects and programmes
of the local governments can be modified or rejected by the states.
221.
State executives have, in many instances, unlawfully or without proper
authority diverted significant amounts of funds meant for local government
use in order to provide necessary basic services. The EFCC has been
investigating several current governors and former governors regarding
charges of siphoning off local government funds and, out of 31 cases, 15
cases of corruption were established in 2006. State assemblies and local
council chairpersons have also been implicated in the diversion of local
government funds. Local government projects are consequently poorly
funded and, given the erratic flow of funds where they have been siphoned
off, it has been difficult for councils affected by corruption to carry out
long-term programmes. Absentee leadership of councils, poorly paid and
undermotivated staff, lack of capacity and expertise at the local government
level, limited accountability, and low consultation and participation of the
people have led to local governments failing to meet the expectations of
the people to whom they are closest.
Electoral system in need of reform
92
222.
Electoral processes in Nigeria were widely viewed as flawed by
stakeholders, and many of the outcomes were received with scepticism.
Several elections conducted for members of the executive and the
legislatures at state and federal level were contested in court and, over
time, the election petition tribunals have unseated several office bearers.
The impact of this has been to call the legitimacy of the leadership into
question, thereby rendering one of the pillars of constitutional democracy
devoid of substantive content. The lack of strong sanctions and enforcement
mechanisms to ensure compliance with the rule of law has exacerbated
the incidence of electoral fraud and malpractices. The winner-takes-all
paradigm of holding office has narrowed the spaces for opposing parties
to participate in governance, which makes the struggle and competition
for power all the more intense and possibly vicious.
223.
Increasingly undemocratic internal governance of the political parties
stifles genuine intraparty competition. Many stakeholders believe that the
crisis that characterises the electoral process and the continuing fraud in
electoral management are directly linked to the lack of internal democracy
and cohesion in the party political system in Nigeria. Stakeholders
complained that all political parties are guilty of wilful disenfranchisement