The Effect of Constitutional Law on Decentralizing Power: A Case Study of Makurdi Local Government Area, Benue State

The Effect of Constitutional Law on Decentralizing Power: A Case Study of Makurdi Local Government Area, Benue State

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Background of the Study

Decentralization is a fundamental governance strategy aimed at distributing power from central authorities to local and regional governments to enhance administrative efficiency, citizen participation, and development (Akinwunmi & Okoro, 2024). The 1999 Constitution of Nigeria (as amended) establishes the three-tier structure of government, comprising federal, state, and local governments, and outlines their respective powers and responsibilities (Ojo & Abubakar, 2023). Decentralization, when effectively implemented, improves local governance, reduces administrative bottlenecks, and promotes democratic participation (Eze & Usman, 2024).

However, in Makurdi Local Government Area, decentralization faces challenges such as over-centralization of power at the federal and state levels, inadequate fiscal autonomy for local governments, and political interference in local decision-making (Bello & Hassan, 2023). The state government's control over local government finances and limited constitutional safeguards have weakened decentralization efforts, resulting in poor service delivery and lack of local accountability. This study examines how constitutional law influences decentralization in Makurdi LGA, the challenges hindering its effectiveness, and possible reforms to enhance local governance.

1.2 Statement of the Problem

Despite constitutional provisions for decentralized governance, local governments in Nigeria continue to struggle with limited autonomy, political manipulation, and financial dependency on state governments (Okonkwo & Ibrahim, 2024). In Makurdi LGA, this over-centralization has hindered effective service delivery, leading to inefficiencies in local governance and weak citizen engagement in decision-making. Weak enforcement of constitutional provisions on local government autonomy remains a major issue, affecting governance at the grassroots level. This study seeks to investigate the constitutional constraints on decentralization and propose legal solutions.

1.3 Objectives of the Study

1. To analyze the impact of constitutional law on decentralization in Makurdi LGA.

2. To identify the challenges hindering effective decentralization in the study area.

3. To propose constitutional and policy reforms for enhancing local governance.

1.4 Research Questions

1. How does constitutional law influence power decentralization in Makurdi LGA?

2. What are the major barriers to decentralization in the study area?

3. What legal and policy measures can improve local governance effectiveness?

1.5 Research Hypotheses

1. H₀: Constitutional law does not significantly support decentralization in Makurdi LGA.

2. H₁: Weak financial and administrative autonomy limits effective decentralization.

3. H₂: Strengthening constitutional guarantees for local government autonomy can enhance decentralization.

1.6 Significance of the Study

This study provides insights into how constitutional frameworks affect power decentralization, particularly in Nigeria. It is relevant for policymakers, local government administrators, and legal scholars in addressing governance challenges and proposing institutional reforms. The findings will contribute to policy discussions on constitutional amendments to enhance local government autonomy.

1.7 Scope and Limitations of the Study

The study focuses on Makurdi Local Government Area, Benue State, examining constitutional constraints on decentralization. Challenges may arise in accessing government data and political sensitivity regarding local autonomy.

1.8 Operational Definition of Terms

1. Decentralization: The transfer of administrative, financial, and political power from central to local governments.

2. Local Government Autonomy: The ability of local governments to operate independently without excessive control from higher authorities.

3. Federalism: A system of governance in which power is divided between central and subnational governments.

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