Legality of the Dissolution of Elected Local Government Councils in Oyo State, Nigeria

Abstract

This paper examines the illegal trend of dissolution of elected Local Government Councils before the expiration of their tenure by the State Governor and their replacement with caretaker committees in Oyo State. It argues that although, the State Government has constitutional powers to create Local Government Councils and conduct elections into same, it does not have the power to dissolve elected Local Government Councils before the expiration of their tenure. Considering the trends in Oyo State and some other States in Nigeria, this paper finds that certain factors are responsible for the prevalence of dissolution of Local Government Councils which have resulted in various negative effects such as violation of the provisions of the Constitution of the Federal Republic of Nigeria and rights of members of the Councils to govern. Such actions truncate democratic process and forces unelected persons on the citizens. The paper concludes that to curb the practice of illegal dissolution of Local Government Councils, the courts of law must ensure the reinstatement of dissolved Councils and Federal Government of Nigeria must take concrete steps to grant autonomy to all Local Government Councils in the country.

Keywords: Constitution, Local Government Council, democratically elected, dissolution, state government.

Article Review Status: Published

Pages: 25-41 (Download PDF)

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