Tag: Power of Local government

What is the Meaning of section 7 subsection six of Nigeria 1999 constitution. In this article I will like to explain the Meaning of section 7 (6) of 1999 constitution

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Meaning of section 7 (5) of 1999 constitution

Meaning of section 7 (4) of 1999 constitution

Meaning of section 7 (3) of 1999 constitution

Meaning of section 7 (6) of 1999 constitution

The section 7 subsection 6 of Nigeria 1999 constitution power of local government stated that

 

Subject to the provisions of this Constitution -(a) the National Assembly shall make provisions for statutory allocation of public revenue to local government councils in the Federation

 

This legal section is stating that:

– The National Assembly (the federal legislature) is responsible for ensuring that a portion of public revenue is allocated to local government councils

– This allocation will be done through statutory provisions (laws or regulations)

– The allocation will be made to local government councils across the Federation (the entire country)

– The federal government will set aside a portion of its revenue for local governments

– This will be done through laws or regulations

– The goal is to ensure that local governments have a stable source of funding to carry out their responsibilities

This provision aims to ensure that local governments have the financial resources needed to provide basic services and infrastructure to their communities, promoting grassroots development and democratic governance.

 

In another word

The National Assembly (the federal legislative body) shall enact laws to provide for the statutory allocation of public revenue to local government councils across the Federation. In other words, the National Assembly is mandated to pass laws that ensure there is a structured and guaranteed allocation of public funds (i.e. government revenue) to be distributed to local government councils.

 

The key points of this section are:

1. The National Assembly has the responsibility to legislate on this issue of revenue allocation to local councils.

2. The allocation of funds to local councils must be done in a statutory, or formal legal, manner rather than in an ad hoc or discretionary way.

3. This revenue allocation to local governments is meant to be a standard, required practice across the Federation, not something left to the whims of individual states.

The intent behind this provision seems to be:

– To secure a reliable source of funding for local government councils, so they have the resources to fulfill their functions and responsibilities.

– To standardize the revenue allocation process, ensuring local councils across the country have equitable access to public funds.

– To empower local governments financially, rather than leaving them dependent on the discretion of state governments.

National Assembly is the federal legislative body, like a mix of Nigeria’s Senate and House of Representatives.

Statutory allocation means a set amount of money given by law.

Public revenue is the money the federal government collects from taxes and other sources.

Local government councils are the governing bodies at the local level, similar to city councils or county boards.

So, this law basically says that the National Assembly must create a law that gives a portion of the national taxes collected to the local governments throughout Nigeria. This helps ensure local governments have funding to carry out their responsibilities

 

Section 7 6b

(b) the House of Assembly of a State shall make provisions for statutory allocation of public revenue to local government councils within the State. 

 

The key points of this section are:

1. The state-level legislative body (House of Assembly) has the responsibility to pass laws governing this revenue allocation to local councils.

2. The allocation of funds to local councils must be done in a statutory, or formal legal, manner rather than in an informal or discretionary way.

3. This revenue allocation to local governments is meant to be a standardized, required practice within each state, not something left up to the whims of individual state governments.

The intent behind this provision seems to be:

– To ensure local government councils have a reliable source of funding from the state government, enabling them to properly function and serve their constituents.

– To create a standardized, equitable system of revenue allocation to local councils across the different states.

– To reinforce the fiscal autonomy and financial capacity of local governments, rather than making them completely dependent on state largesse.

Statutory allocation again means a set amount of money given by law.

Public revenue here refers to the money each state collects from its own taxes and other sources.

Local government councils are still the governing bodies at the local level.

This law basically says that each state government also has to create a law that divides up some of the money it collects (public revenue) and gives a portion of it to the local governments within that state.

Here’s the key point: there are two levels of sharing money with local governments in Nigeria.

The National Assembly shares federal tax money with all local governments.

Each state government also shares some of its own tax money with the local governments within its state

What is the Meaning of section 7 subsection five of Nigeria 1999 constitution. In this article I will like to explain the Meaning of section 7 (5) of 1999 constitution

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Meaning of section 7 (4) of 1999 constitution

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Meaning of section 7 (2) of 1999 constitution

Meaning of section 7 (5) of 1999 constitution

The section 7 subsection 5 of Nigeria 1999 constitution power of local government stated that

The functions to be conferred by Law upon local government council shall include those set out in the Fourth Schedule to this Constitution.

 

This legal text is stating that:

– The responsibilities and powers given to local government councils by law

– Will include the specific functions listed in the Fourth Schedule of the Constitution

– Local government councils will have certain responsibilities and powers granted to them by law

– These responsibilities and powers are listed in the Fourth Schedule of the Constitution

The Fourth Schedule likely outlines specific functions such as:

– Providing basic services like water, sanitation, and healthcare

– Maintaining law and order

– Collecting taxes and managing finances

– Overseeing education and healthcare facilities

– Regulating markets and trade

 

This provision aims to ensure that local government councils have the necessary powers and responsibilities to effectively govern and serve their communities.

This clause is stating that the functions and responsibilities that must be given to local government councils by law should include those that are laid out in the Fourth Schedule of the Constitution.

In other words, the law must grant local government councils the specific set of functions and duties that are enumerated in the Fourth Schedule of the Constitution.

 

The intent behind this seems to be:

1. To establish a clear and defined set of responsibilities and powers that must be conferred upon local government councils by law.

2. To ensure local councils have a standardized and consistent mandate across different states and regions, based on the functions outlined in the Fourth Schedule.

3. To prevent local government councils from being given an arbitrary or limited set of functions, and instead ensure they have a comprehensive and substantive role to play.

By tying the legal functions of local councils to the Fourth Schedule of the Constitution, this provision appears aimed at creating a baseline of responsibilities that must be respected, rather than leaving it up to the discretion of individual state governments.

The goal seems to be strengthening and empowering local government councils by giving them a clear and robust set of functions, as specified in the higher-level constitutional framework.

 

Here is the breakdown:

Local governments must handle certain tasks. These tasks are listed in the Fourth Schedule of the Constitution.

State governments can also give local governments additional responsibilities on top of what’s in the Fourth Schedule.

So, the Fourth Schedule acts as a foundation for what local governments are in charge of, but each state can add more to their local governments’ plates

What is the Meaning of section 7 subsection three of Nigeria 1999 constitution. In this article I will like to explain the Meaning of section 7 (3) of 1999 constitution

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Meaning of section 7 (2) of 1999 constitution

Meaning of section 7 (1) of 1999 constitution

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Meaning of section 7 (3) of 1999 constitution

The section 7 subsection 3 of Nigeria 1999 constitution power of local government stated that

It shall be the duty of a local government council within the State to participate in economic planning and development of the area referred to in subsection (2) of this section and to this end an economic planning board shall be established by a Law enacted by the House of Assembly of the State

 

This legal text is stating that:

It is the responsibility of the local government council in a State to:

1 Participate in economic planning and development

2 Focus on the specific area under their jurisdiction (mentioned in subsection 2)

To achieve this, a law enacted by the State’s House of Assembly must establish an economic planning board

Local government councils have a duty to contribute to the economic growth and development of their area

They must work with the State government to create a plan for economic development

A special board, created by the State legislature, will oversee this economic planning process

This provision aims to ensure that local governments play an active role in promoting economic growth and development in their areas, in collaboration with the State government.

This clause is outlining the role and responsibilities of a local government council within the state when it comes to economic planning and development. Specifically, it states that:

1. It is the duty of the local government council to participate in the economic planning and development of the geographic area under its jurisdiction (as defined in the earlier subsection).

2. To facilitate this, the state’s legislative body (House of Assembly) must enact a law to establish an economic planning board for the local government.

In essence, this clause is:

1. Mandating that local government councils have an active role and responsibility in the economic planning and development of their local areas.

2. Requiring the state government to create a dedicated economic planning board at the local government level through legislation.

The intent seems to be to ensure local government councils are empowered and obligated to be involved in shaping the economic future and growth of their communities. The economic planning board is meant to be the mechanism through which they can fulfill this duty. This suggests an effort to decentralize and localize economic development planning, rather than having it solely driven at the state or national level. The local councils are meant to be active participants in charting the economic path for their jurisdictions.

 

Here is the breakdown of this section:

Local government councils’ responsibility: The law says that it’s the duty of local government councils to be involved in economic planning and development for their area. This means they should play a role in making decisions about how to improve the economy and create jobs in their communities.

 

Economic planning board: To help with this task, the law requires each state to establish an economic planning board by passing a law. This board would likely be responsible for things like:

Conducting research on economic trends

Developing economic development strategies

Advising local government councils on economic planning

Overall, this law is designed to encourage local government councils to take an active role in strengthening their economies

What is the Meaning of section 7 subsection two of Nigeria 1999 constitution. In this article I will like to explain the Meaning of section 7 (2) of 1999 constitution

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Meaning of section 7 (1) of 1999 constitution

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Meaning of section 7 (2) of 1999 constitution

The section 7 subsection 2 of Nigeria 1999 constitution local government stated that

Section 7 2a

The person authorised by law to prescribe the area over which a local government council may exercise authority shall- (a) define such area as clearly as practicable;

 

1 The person or authority responsible for determining the boundaries of a local government council’s jurisdiction (the area over which the council has authority)

2 Must define those boundaries as clearly and precisely as possible.

3 The person in charge of setting the limits of a local government council’s power

4 Must clearly define the specific area where the council can operate and make decisions

This provision aims to ensure that the boundaries of a local government council’s authority are well-defined, avoiding confusion or disputes over their jurisdiction. It’s like drawing a clear map of the area where the council has the power to make decisions.

In addition This clause is addressing how the geographic area or jurisdiction of a local government council is to be defined and described. Specifically, it states that the person authorized by law to prescribe the area over which a local government council may exercise authority must:

a) Define that area as clearly and precisely as practical. In other words, the person with the legal authority to determine the boundaries of a local government council’s jurisdiction must do so in a very clear and unambiguous manner. They need to define the geographic area as clearly as realistically possible.

The intent behind this requirement seems to be:

1. To ensure there is no confusion or ambiguity about the exact limits of a local council’s authority and jurisdiction.

2. To provide a well-defined and easily understandable delineation of each local council’s area of responsibility.

By mandating a clear and practical definition of the local council’s geographic area, this clause appears aimed at promoting transparency, consistency, and effective administration of local government powers and responsibilities.

The goal seems to be to avoid any uncertainty or disputes over the precise boundaries and scope of authority for each democratically elected local government council.

 

Here’s a breakdown of this section

Whoever is legally responsible for setting local government council areas (e.g., a government agency):

Must define the area as clearly as possible: This means the boundaries of the area the council has control over should be easy to understand and shouldn’t be confusing. Imagine a map where the council’s area is clearly outlined.

Important

There are a few reasons why clear boundaries are important:

It avoids confusion about which council is responsible for a particular area.

It ensures residents know which council to contact for local issues.

It helps to avoid disputes between different councils.

For example, the law might require using things like: Physical landmarks: Rivers, mountains, roads, etc.

Geographical coordinates: Precise locations using latitude and longitude.

Detailed maps: Clearly showing the council’s area.

 

Section 7 2b

ensure, to the extent to which it may be reasonably justifiable, that in defining such area regard is paid to

(i) the common interest of the community in the area,

(ii) traditional association of the community, and

(iii) administrative convenience.

 

This section is stating that:

– When defining the area where a local government council has authority, the person in charge must consider the following factors to the extent that it is reasonably justifiable:

1. The common interests of the community living in the area: This means considering what matters most to the people who live there, such as their needs, values, and goals.

2. Traditional associations of the community: This refers to the historical, cultural, and social ties that bind the community together, such as their shared history, language, or customs.

3. Administrative convenience: This means considering how easy or practical it is to manage and administer the area, including factors like transportation, communication, and resource allocation.

– When setting the boundaries of a local government council’s power, the person in charge must think about:

1. What’s best for the people living in the area

2. The community’s cultural and historical ties

3. How easy it is to manage the area effectively

 

This provision aims to ensure that the boundaries are drawn in a way that respects the community’s identity, needs, and practical considerations. This clause is providing additional guidance on how the geographic area for a local government council should be defined. Specifically, it states that the person with legal authority to define the council’s area must:

 

Ensure that, to the extent it is reasonably justifiable, the following factors are considered when defining the area:

 

1. The common interests of the community within that area.

2. The traditional associations and connections of the community.

3. Administrative convenience and practicality.

 

In other words, the boundaries of the local council’s jurisdiction should:

1. Align with and reflect the shared interests, needs, and identity of the local community.

2. Respect and preserve the traditional, historical, and cultural ties within the community.

3. Be defined in a way that promotes efficient and practical administration and governance.

The intent here seems to be ensuring the local council’s geographic area is structured in a way that:

– Corresponds to the actual community and its cohesion

– Builds on existing social and cultural connections

– Facilitates effective local government administration

This suggests an effort to make the local council boundaries responsive to the real-world factors that define the local community, rather than just drawing arbitrary lines. The goal appears to be to establish local government structures that are well-suited to the specific context and needs of the area.

In another word law lays out three main factors someone responsible for defining a local government council’s area (like a government agency) should consider when drawing the boundaries. Here’s a breakdown of each factor:

(i) Common interest of the community in the area: This means the council should represent a group of people who share similar interests and concerns. Ideally, the people in the area should have things in common that the council can effectively address.

Example: Imagine a rural farming community and a large industrial area. Putting them in the same council might not be ideal because their needs and interests are very different.

(ii) Traditional association of the community: This considers historical ties and cultural connections within the area. People who have traditionally been part of the same community might be better served by being in the same council.

Example: An area with a long history as a distinct tribal territory might benefit from being its own council to preserve its cultural identity.

(iii) Administrative convenience: This means the council should be a manageable size and shape for the government to administer effectively. It should be practical for the council to deliver services and functions within its boundaries.

Example: A long, narrow council stretching across a vast distance might be difficult to manage and provide services for efficiently.

Balancing the factors: The law says these factors should be considered “to the extent to which it may be reasonably justifiable.” This means there’s a balancing act. Sometimes, it might not be possible to perfectly satisfy all three factors. The goal is to find a reasonable compromise that best represents the community’s interests while being practical to manage.