Nigeria’s Federalism and the Challenges of Local Government Creation: A Critical Analysis of Lagos State Local Government Creation Law

Abstract

This study examines the complexities of Nigeria’s federalism; dilemma of local government creation in Nigeria since 1999; the constitutional provisions for local government creation vis a vis the Lagos State local government creation law; the legality or otherwise of the state created local governments; and offers a permanent solution to legalizing the increasing and necessary demand for local government creation in Nigeria. The study utilized data collected from the Lagos State Ministry of Justice, local government officials, institutional perspectives of the National Union of Local Government Employees and Association of Local Governments of Nigeria and grassroots people through interviews to determine people’s views on the quandary associated with local government creation in Nigeria. The findings of the study revealed that while the letters of the 1999 constitution create a constitutional pathway for local government creation, the spirit of the same constitution does not envisage the fulfilment of constitutional pathway for creation of local government by state actors. As a way out of this constitutional logjam, this study concludes the recourse to the 1989 constitutional provision for local government creation, and recommends the creation of a second tier of government solely by state government without recourse to the national assembly for consequential listing.