The 1976 Local Government Reform defines local government as “Government at local level exercised through representative councils, established by law to exercise specific powers within defined areas.
In Nigeria, the local government constitutes the third-tier level of government and usually described as the closest to the grassroots. The local government performs numerous functions and they are specified in the fourth schedule of the 1999 constitution, as amended. In order to discharge their functions the local government councils are expected to make byelaws.
The 199 constitution of the federal republic of Nigeria also defines bye-law as enactment of Local Government Council whose source is a State Law. Bye-law can also be defined as Ordinance affecting the public, imposed by some authority clothed with statutory powers ordering something to be done or not to be done and accompanied by some sanction or penalty for its non-observance. It involves restriction of liberty of action by person who comes under its operation as to do or not to do as they please. There are three types of draft bye-laws viz: Executive draft bye-law; Member draft bye-law and Private bye-law
Executive Draft Bye-Law
This is a draft bye-law proposed by the chairman of the Local Government and forwarded the Legislative arm for processing and passed it becomes an executive bye-law.
Member Draft By-Law
Member Draft Bye-Law is a draft bye-law initiated by a member or group of Members of the Council as legislative proposals of the Members. The primary concern of a lawmaker is the enactment of legislative.
Private Draft Bye-Law
A Private Draft bye-law is draft bye-law other than the one mentioned above. It could be sponsored by pressure groups like the labour unions, teachers or private individuals, but introduced in council by a member or group of members. The law making process at the local government level in Nigeria is similar to what obtains at both the federal and state levels, especially with the adoption of the presidential system of government at that level of government. But in view of the importance that the local governments in Nigeria now assume as a potential, but often displaced, catalyst of development, we may need to lay more emphasis now on the nature of the laws they make, the stages and process involved in law making, and how they can be more inclusive and participatory.
The stages and process at the local government level are virtually the same as those at the federal and state level, except minor differences, change in emphasis that are introduced at the local level to take account to take account of its specific needs and challenges. First, after a draft bye-law has been introduced into a local government council, any member who wishes to introduce a substantive motion on it shall give notice of such motion by sending a copy of the provisions proposed to be embodied on the bye-law to the clerk in advance. The clerk shall cause them to be published for at least 45 days calling for representations from the public. A copy of the draft bye-law shall be pasted on the Council’s Notice Board at the Local Government Headquarters and at the Local Government Area Offices and District Offices.
Compare the differences of Law-making processes at the Local Government level with that at the State or Federal level in Nigeria.
Executive Draft Bye-Law
This is a draft bye-law proposed by the chairman of the Local Government and forwarded the Legislative arm for processing and passed it becomes an executive bye-law.
Member Draft By-Law
Member Draft Bye-Law is a draft bye-law initiated by a member or group of Members of the Council as legislative proposals of the Members. The primary concern of a lawmaker is the enactment of legislative.
Private Draft Bye-Law
A Private Draft bye-law is draft bye-law other than the one mentioned above. It could be sponsored by pressure groups like the labour unions, teachers or private individuals, but introduced in council by a member or group of members. The law making process at the local government level in Nigeria is similar to what obtains at both the federal and state levels, especially with the adoption of the presidential system of government at that level of government. But in view of the importance that the local governments in Nigeria now assume as a potential, but often displaced, catalyst of development, we may need to lay more emphasis now on the nature of the laws they make, the stages and process involved in law making, and how they can be more inclusive and participatory.
The stages and process at the local government level are virtually the same as those at the federal and state level, except minor differences, change in emphasis that are introduced at the local level to take account to take account of its specific needs and challenges. First, after a draft bye-law has been introduced into a local government council, any member who wishes to introduce a substantive motion on it shall give notice of such motion by sending a copy of the provisions proposed to be embodied on the bye-law to the clerk in advance. The clerk shall cause them to be published for at least 45 days calling for representations from the public. A copy of the draft bye-law shall be pasted on the Council’s Notice Board at the Local Government Headquarters and at the Local Government Area Offices and District Offices.
Self-Assessment Exercise 3.3
Compare the differences of Law-making processes at the Local Government level with that at the State or Federal level in Nigeria.
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