Law reform commissions seek more powers for states, LG autonomy

Participants at the maiden Conference of All Law Reform Commissions in Nigeria have called for comprehensive reforms of the country’s legislative framework to address structural imbalances in federalism, strengthen local government autonomy and devolve more powers to states.

These recommendations, which were made public on Friday, were contained in a communiqué issued at the end of the two-day conference hosted by the Edo State Law Reform Commission at the John Odigie Oyegun Public Service Academy, Benin City, from September 28 to 29.

The communiqué was signed by Prof. Donald Inegbedion, Chairman of the Communiqué Drafting Committee, and the Edo State Attorney-General and Commissioner for Justice, Prof. Roland Otaru, SAN.

The conference, which had as its theme, “Consolidating Nigeria’s Democracy through Law Reform: Charting the Way Forward,” featured an opening address by Edo State Governor, Senator Monday Okpebholo, while the Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi, SAN, was represented by Wale Fapohunda, SAN, who delivered the keynote address.

According to the communiqué, the participants also advocated fiscal federalism, a review of the Exclusive Legislative List in favour of states, and full judicial federalism as part of measures to strengthen Nigeria’s democratic institutions.

The communiqué added, “On national security and human rights, there need to strike a balance between safeguarding the country and protecting the fundamental rights of citizens.

“Also, the executive measures taken in the interest of national security must remain subject to judicial scrutiny and we urge civil society organisations to remain vigilant against human rights abuses perpetrated under the guise of security operations.

“We also call for a coherent national intelligence-sharing system anchored on clearly defined mandates, inter-agency cooperation, accountability and digital readiness to strengthen the country’s response to security challenges.”

The participants further advocated reforms to police investigation procedures in line with international best practices, alongside measures to enhance accountability within law enforcement agencies.

On local government administration, the participants called for reforms to enable councils to discharge their constitutional responsibilities and exercise the autonomy affirmed by the Supreme Court.

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They also emphasised the need for effective mechanisms to ensure that increased allocations to local governments translate into improved infrastructure and the provision of essential services, including healthcare, food and shelter.

The communiqué noted that financial autonomy at the grassroots level must deliver tangible benefits to citizens, rather than remain a constitutional provision without corresponding improvements in service delivery.

The participants further called for adequate and sustainable funding, qualified personnel and modern infrastructure for law reform commissions across the country.

They argued that the effectiveness of the commissions would remain limited without the necessary institutional support to conduct research, review existing laws and recommend reforms that reflect contemporary realities.

To address delays in implementing their recommendations, the conference proposed a legal framework compelling the legislative and executive arms of government to consider and act on reports submitted by law reform commissions within specified time frames.

The participants warned that failure by relevant authorities to act on such recommendations undermines the objectives of law reform and limits its potential impact on governance and national development.

On electoral matters, the conference advocated reforms to ensure that pre-election and post-election disputes are resolved before elections or inauguration, where applicable.

According to the communiqué, such measures would help reduce prolonged litigation, promote certainty in the electoral process and ensure that electoral outcomes reflect the will of voters.

The participants also called for a comprehensive review of Nigeria’s tertiary education curriculum to incorporate emerging technologies, including artificial intelligence and robotics, in response to developments associated with the Fifth Industrial Revolution.