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Browsing Art by Author "Ahmed II, Jalalludeen"

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    THE ROLE OF LOCAL GOVERNMENT ADMINISTRATION IN SUSTAINING NIGERIAN FEDERALISM: A CALL FOR RESTRUCTURING
    (Department of Public and International Law, Nasarawa State University Keffi, 2020-08-19) Bai, Ibrahim; Ahmed II, Jalalludeen
    Local Government is a constitutionally guaranteed third tier of government under the Nigerian federal Constitution even though the same Constitution states in section 7(1) that state governments shall ensure their existence under a law which provides for the establishment, structure, composition, finance and functions of such councils. The powers, duties and functions of this third tier of government is guaranteed under the 4th Schedule. This tripartite arrangement wherein power is shared vertically between the three arms and government and horizontally between the three tiers of government is called federalism and any state that adopt this type of arrangement is said to be a federal state. Nigeria, therefore, is a federal state by virtue of this power distribution arrangement. However, the Constitution assumes that the law relating to Local Government creation would be made by the State Houses of Assembly. Thus the legal framework does not see Local Governments as a third tier of government, but merely recognises Local Government as an appendage of state government where the latter enjoys absolute discretion over the former. This aim of this articles is to inquire into the root causes of the quagmire to which Local Government administration is synonymous with. This research finds that the problem associated with Local Government administration is the construct of the constitution itself The paper makes use of the doctrinal or libraty-based method of research, therefore, references will be made to both primary and secondary sources of information such as Statutes and other scholarly works. The paper ultimately recommended that there is urgent need to amend the constitution particularly the sections dealing with the establishment of Local Governments in Nigeria and to give fresh breath to the administration by restructuring same to meet with international best practice.