A survey by the News Agency of Nigeria (NAN) covering Rivers, Cross River, and Akwa Ibom states shows that domestication of critical laws following constitutional amendments remains uneven across the South-South. Only Rivers has domesticated two of the key laws so far.
The constitutional amendments include local government autonomy, state electricity, and state police. States are required to align their laws with these changes to give them full effect.
Rivers: Two Key Laws Domesticated
In Rivers, the House of Assembly led by Martins Amaewhule passed the Local Government Law and Local Government Autonomy Bill in 2023. Anchor Ume, a politician and resident, praised the assembly for the move. According to him, the law defines the structure, functions, and finances of councils, granting them independence and ending the era of caretaker committees.
The state also passed an Electricity Bill in 2024, allowing Rivers to generate, transmit, and distribute its own power. Governor Siminalayi Fubara did not assent, due to political differences with the lawmakers. The assembly then used Section 100(5) of the 1999 Constitution to override the veto, ensuring the bill became law.
"These bold legislative actions eventually placed Rivers at par with its counterparts amid its political peculiarity at the time," Ume said.
State Police Law: Prospects in Rivers
Prince Wiro, national coordinator of the Centre for Basic Rights, Protection and Accountability Campaign, said he is optimistic the Rivers assembly will domesticate the state police law. He noted that the law is attracting more public attention than other amended laws due to its importance.
"It is only when there is life that we can talk about infrastructure, development and other necessities. Nigerians are tired of insecurity; we are in a haste to enjoy adequate protection of lives and property," Wiro said. He added that once domesticated, the law would improve intelligence gathering and local policing.
Cross River: LG Autonomy Largely Theoretical
In Cross River, residents say local government autonomy and decentralisation of electricity are yet to take practical effect. Oqua Etim, spokesman for the Calabar Municipal Council chairman, said the governor still controls council funds through joint accounts and decides how allocations are disbursed. He cited the recent release of vehicle grants to councillors by the state government as proof that councils lack financial independence.
Etim added that several entitlements of council officials remain unpaid, despite legal provisions supporting autonomy. Castro Ezama, former Special Adviser to Governor Ben Ayade on Education, echoed this view, calling LG autonomy largely theoretical despite the Supreme Court judgement. He argued that direct allocation of funds to councils would boost grassroots development and reduce poverty.
Power and Policing in Cross River
Ezama commended President Bola Tinubu for moving power generation to the Concurrent Legislative List, enabling states to generate and distribute electricity. However, he urged governments to speed up implementation, noting that cheaper and more reliable electricity would cut production costs and improve business. He cited the Aba electricity model as an example for other states.
On state police, Ezama said recruitment must be done professionally to ensure effectiveness and public trust.
Akwa Ibom: Labour's Position on State Police
In Akwa Ibom, the Nigeria Labour Congress (NLC) has asked the National Assembly to make the state police law all-encompassing to prevent abuse. Sunny James, the NLC chairman in the state, said the union welcomes state police as a way to bring security closer to the grassroots.
"State Police is one item that everyone should welcome. For us in the NLC, it is a welcome development. The recruitment process should involve residents in the local government areas, and they should be allowed to work in their communities to derive the benefits of the state police. No one should be allowed to hijack the structure of the state police. The formation is a very good idea for the country. We are looking forward to its adequate implementation," James said.
LG Autonomy in Akwa Ibom: Partial Implementation
James said Akwa Ibom has considered LG autonomy, and councils are performing well because the governor releases funds. "However, the autonomy is partial as the money is not coming directly to the council's account. But no one is complaining, and it is working well for them. Those complaints we used to have are no more; so I think they are doing well and they are even appreciating the governor," he said.
A Uyo-based lawyer, Clifford Thomas, praised the federal government for proposing state police but urged NASS to include safeguards. He argued that governors must not be shielded when they abuse the state police structure. "All the governors must become ordinary, so that we can sue them when they abuse the structure of state police. The National Assembly should remove the immunity clause and allow governors to become ordinary administrators of their state," he said.
Correctional Service Concurrent List: Doubts Raised
Thomas also expressed doubt about moving the Correctional Service from the Exclusive to the Concurrent List. He said funding, control, and feeding of inmates would be challenging for many states, urging that it remain exclusive. He cited financial recklessness and lack of funds as reasons states may struggle.
The NAN survey highlights the disparity in domestication between states, with Rivers as the only South-South state to have embraced two of the critical constitutional reforms so far.
