Local Government Areas in Nigeria are by act of the 1999 constitution a/ an

Analyze the question: It asks what status Local Government Areas (LGAs) have under the 1999 Constitution of Nigeria.

Concept: Section 7 of the 1999 Constitution guarantees "the system of local government by democratically elected local government councils." It also says the Government of each State must ensure their existence under a law that provides for their establishment, structure, composition, finance and functions. Section 8 deals with the creation of new local government areas, and Section 162 provides for the State Joint Local Government Account, through which LGA funds are channeled.

So the constitution recognizes LGAs as a third tier of government, but in practice they are placed under the supervision of state governments. State Houses of Assembly make the laws governing them, and state governments control the joint account and the creation of LGAs.

Evaluating the options:

• A. Appendage of the central government: Wrong. LGAs are not answerable to the federal government in the constitutional structure.
• B. Autonomous level of government: The constitution does recognize LGAs as a third tier of government with guaranteed existence. However, the actual autonomy of LGAs is debated. The Supreme Court judgment of July 2024 affirmed direct allocation of funds to LGAs, strengthening their financial autonomy.
• C. Appendage of the state government: This is how LGAs have operated in practice, because states control their funds, elections (through State Independent Electoral Commissions) and laws. But the constitution does not describe them as an appendage.
• D. Unit for intergovernmental relations: Too vague, and not how the constitution defines them.

Do I agree with the key? Yes, with a caveat. The phrase "by act of the 1999 constitution" points to what the constitution says, not what happens in practice. The constitution establishes LGAs as a distinct, constitutionally guaranteed third tier of government, so B is the best fit. Option C describes the practical reality that existed before the 2024 Supreme Court ruling, but it is not what the constitution provides.

Answer: B. Autonomous level of government

Exam tip: When a question says "by the constitution", answer according to what the constitution says (Section 7 guarantees LGAs as a third tier). When it asks about "in practice", think about state control. Remember the three tiers: Federal, State, Local.