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Osuocha, I L and Njoku J D (2012) An examination of the Nigerian sustainable urban development
strategies and governance In: Laryea, S., Agyepong, S.A., Leiringer, R. and Hughes, W. (Eds) Procs
4th West Africa Built Environment Research (WABER) Conference, 24-26 July 2012, Abuja, Nigeria,
1219-1229.
1219
AN EXAMINATION OF THE NIGERIAN SUSTAINABLE
URBAN DEVELOPMENT STRATEGIES AND
GOVERNANCE
Louis Ikechukwu Osuocha1 and John Didacus Njoku2
1Department of Architecture, University of Nigeria (Enugu Campus) Enugu State, Nigeria
2Department of Urban and Regional Planning, Federal University of Technology Owerri, Nigeria
Despite the actions of past Nigerian administrations to contain the problems of
urbanization through the promulgation of major land development and urban
management laws establishing special regulatory institutions, the cities are still
besieged by many of those challenges. With the intent to examine the duties and
responsibilities of the various tiers of government in achieving a sustainable urban
built environment, the tools for urban governance were explored. Thus, existing
legislations on urban development were analyzed against the principles of sustainable
development. Drawing from a critical review of the 1999 Constitution of Federal
Republic of Nigeria and the Nigerian Urban and Regional Planning Law; the study
revealed that, though, the statutes provide viable structures for tackling the challenges
of municipalities, the fundamental rules for making decisions run parallel to the
universal principles of sustainable development and good urban governance. It also
showed that the over-bearing centric and techno-bureaucratic approaches impede the
capacity of the grassroots urban governance structures to respond to issues of urban
development. Therefore, it is recommended that for effective grassroots urban
governance in Nigeria, the universal strategies of popular participation, and a
decentralized self-correcting administrative system are adopted.
Key words: grassroots urban management, popular participation, sustainable
development, urban development strategies, urban governance
INTRODUCTION
Since the early 1950s rapid urbanization has been a characteristic feature of Nigeria.
Recent demographic studies show that urban areas constitute about half of the national
population (Oyesiku et al, 2010); while between 1953 and 2007 urban population rose
from 10.6% to about 50% of the total population (Gbadegesin, et al., 2010; UNDP,
2011). Besides the rapid urban population rises in existing cities, more urban centres
emerge with the creation of new states (Osuocha, 2006). However, the exponential
growth in urban population led to over-crowding and greater deficiencies of urban
design elements in the cityscape (Ogu, 1999).
Consequently, to address these challenges, successive Nigerian administrations had
taken actions towards regulating and overseeing the development of the urban
environment. Principal amongst these actions is the promulgation of the Nigeria
Urban and Regional Planning Decree 88 (now Act) of 1992.3 Several special
1 ikechukwu.osuocha.54227@unn.edu.ng
2 jdnjoku@futo.edu.ng
3 The N igerian Urban and Regional Planning Law, 1992 was enacted as Decree 88 by the then ruling military government. However, in 1999 the decree was amended to
“provide for the effective carrying out of the functions of the Commission by dissolving the Urban and Reg ional Planning Division of the Federal Ministr y of Works and
Housing” (FRN, 1999a). Now cited as the Nigerian Urban and Regional planning (Amendment) Decree 1999, the law like other o perative decrees by the 29th of May
1999 became an Act, on transition to civil rule as provided by Section 318 (1) of the 1999 Constitution of the Federal Republic of Nigeria.
Osuocha and Njoku
1220
development-related legislation and policy directives have been also initiated to
facilitate the development process.4 Furthermore, it is pertinent to note that these legal
instruments operate within the confines of the Constitution of Federal Republic of
Nigeria.5
However, though most of these interventions have had significant positive impacts on
urban development, they have in reality not achieved the desired results, particularly
as regards effective urban governance. The deficiencies experienced have been
attributed to several factors: corruption, poverty, illiteracy and ignorance, lack of
public enlightenment in the physical planning process and a technical and centralized
system of urban governance (Oloyede, et al., 2010; Oduwaye, 2006). Similarly,
Nigerian authorities are often blamed for the failure of its municipalities. The inability
of governments at various levels to initiate and sustain appropriate responses to the
problems posed by rapid urban growth, due to the “non-availability of appropriate and
adequate manpower, coordination, lack of political will and absence of multi-
disciplinary approach to physical planning administration in the country” have been
identified as key obstacles to sustainable physical development (Oduwaye, 2006). The
focus of this study, therefore, is the strategic implications to good urban management
and governance in Nigeria of the two most relevant legal instruments on urban
planning and development. These are the Nigeria Urban and Regional Planning Law
of 1992 and the 1999 Constitution of the Federal Republic of Nigeria.
CONCEPTUAL CLARIFICATIONS AND RELEVANT
LITERATURE
Sustainable development:
Since the publication of “Our Common Future” (WCED, 1987), by the World
Commission on Environment and Development sustainable development has become
increasingly important as a target for creating a better future for the world. Defined in
ethical, social and economic terms, the concept of sustainable development according
to the Commission is “development that meets the needs of the present without
compromising the ability of future generations to meet their own needs” (WCED,
1987). To achieve this objective, the commission outlined seven requirements of
sustainable development. These, essentially, are goals that should underlie, at various
levels, any action on development.
Box 1: The Requirements of Sustainable Development
4 These include: the National Urban Development Policy (1997), National Housing Policy (1991) National Housing Fund Decree 3 (1992), Urban Development Bank of
Nigeria Decree 51 (1992), National Construction Policy ( 1993), Nigeria Soc ial Insurance T rust Fund Decree 73 (1993), Federal Mortgage Bank of Nigeria Decree 82
(1993), Employees Housing Scheme (Special Provision) (Cap. 107), Federal Housing Authority (Cap. 136), Mortga ge Institutions Act (Cap.231) and the Land Use Decree
77 of 1978.
5 Section 1(3) of Par t of the 1999 Constitution of the Federal Republic of Nigeria declares void to the extent of its inconsistency any other law inconsistent with the
provisions of the Constitution. Over and above such laws therefore the constitution shall prevail (FRN, 1999b).
Sustainable urban development
1221
Thus, the emphasis of sustainable development as regards these requisite systems is
not just on quantitative economic measures of development but on the qualitative
aspects. Specifically, a development that is sustainable consists, not only, the pursuit
of mere sustained growth in economy or any single component of development but
involves equal considerations to the environmental and social implications and gains
of such development on access to resources between generations, and within each
generation (Aluko, 2010, WCED, 1987).
Urban Governance:
In recent times, Urban Governance has been identified as an indispensible factor to
achieving sustainable development, especially in the developing world. With the
continued rapid growth in the world’s urban population, and the realization that cities
are engines of socio-cultural and economic growth, the challenge of recent urban
planning and management practices have gradually shifted from controlling urban
migration, to enhancing the quality of life and living standards in our cities by
improving their management and governance (Aribigbola, 2011). The concept of
Governance, however, lays emphasis on the “process” of decision-making which
“recognizes that decisions are made based on complex relationships between many
actors with different priorities” (UN-HABITAT, Campaign, 2002). It recognizes that
power exists inside and outside the formal authority and institutions of government,
and as such includes the government, the private sector and the civil society (UN-
HABITAT, Campaign, 2004). Therefore, Urban Governance in this study designates:
“The sum of the many ways individuals and institutions, public and private, plan and
manage the common affairs of the city. It is a continuing process through which
conflicting or diverse interests may be accommodated and cooperative action can be
taken. It includes formal institutions as well as informal arrangements and the social
capital of citizens.” (UN-HABITAT, Campaign, 2002)
Urban Development Strategies:
Of the seven systems required for sustainable development, as identified by the World
Commission on Environment and Development (WCED, 1987), the first, the third and
the seventh address good governance concerns. Amongst others, these basic
requirements that should underlie all international and national actions on
development are:
· A political system that secures effective citizen participation in decision
making.
· A social system that provides for solutions for the tensions arising from
disharmonious development.
· An administrative system that is flexible and has the capacity for self-
correction.
The above requirements in essence underscore the dependence of sustainable
development on the capacity of a society to organize itself towards making and
implementing decisions, achieving mutual understanding, agreement and action. In the
context of urban development, the approach is to strengthen urban management and
governance structures in line with the strategies of good urban governance, which is
characterized by the:
“decentralization of responsibilities and resources to local authorities based on the
principles of subsidiarity and accountability; encouraging the participation of civil
society, particularly women, in the design, implementation and monitoring of local
priorities; using a wide-variety of partnerships, including with the private sector, to
Osuocha and Njoku
1222
achieve common objectives; building capacity of all actors to contribute fully to
decision-making and urban development processes; facilitating networking at all
levels; and taking full advantage of modern information and communications
technologies (ICTs) to support good urban governance and sustainable urban
development.” (UN-HABITAT, Campaign, 2002)
NIGERIA GRASSROOTS URBAN STRUCTURE
Nigeria is a multi-ethnic state with each nationality having age long traditions of
representative governance through formal institutions (Oyesiku et al, 2010; Erero,
2005; Osuocha, 2006). However, while colonization disrupted the traditional mode of
governance, the many years of military dictatorship have as well stalled the
development of western democratic process (Agbola et al, 2010). These have had
significant effects on the municipal management system. Presently, Nigeria is
structured into 36 States and 774 Local Government Councils; each of which is
further sub-divided into 10-15 electoral Wards (FRN, 1999). Also, based on an urban
population threshold of 20000 inhabitants the number of urban centres in the country
was estimated to about 853 in 2004 (UNDP, 2011) and by this definition all state and
local government council headquarters are accorded the urban status in Nigeria.
Naturally, the existing structures should provide the opportunity for an effective
administration and popular participation in governance from the ward up to the
national level since the task of grassroots planning and development function, as
posited by Aribigbola (2011), is best coordinated at the local government level.
However, there exists a widening disparity between the expected results and reality, as
government authorities at the local level are confronted by daunting administrative
concerns (UNDP, 2011). These challenges to local urban administration include inter
alia the lack of autonomy to the Local Governments in respect of power sharing,
administrative and resource control, and capacity constraints. Aribigbola (2011),
Afrobarometer (2008) and Osmont et al (2008) all agree that the problems of local
government administration in Nigeria constitute a major limitation to grassroots
development of physical planning and good urban governance, which essentially
involves horizontal and vertical coordination, extensive consultations and civil
engagement in the planning process.
GRASSROOTS URBAN MANAGEMENT AND GOVERNANCE
VERSUS SUSTAINABLE DEVELOPMENT
Having examined the meaning and components of sustainable development and urban
governance, and particularly the relationships between the two in the context of
developing sustainable urban development strategies, it becomes incumbent to
determine the guiding principles of urban management and governance in Nigeria. As
demonstrated urban governance entails establishing structures and practices to plan
and monitor socio-economic and physical development of the city which are usually
encapsulated in various legal instruments. Therefore, an examination of relevant
instruments of governance will reveal the extent to which enabling environment and
traditions for sustainable urban planning practice in the country have been created. In
assessing urban development strategies in Nigeria, two key elements of good urban
governance have been identified and applied to evaluate their relevance as captured in
appropriate legal instruments on urban development. These elements are the
decentralization of responsibilities and resources to local urban management
authorities and the participation of civil society and the private sector in the planning,
implementation and monitoring of local priorities.
Sustainable urban development
1223
THE 1999 CONSTITUTION OF THE FEDERAL REPUBLIC OF
NIGERIA AND GRASSROOTS URBAN MANAGEMENT
Establishment, Composition, Structure, Finance and Functions:
Although the 1999 Constitution of the Federal Republic of Nigeria in Section 7(1)
subject to the provisions of Section 8, guarantees the existence of a democratically
elected local government, it conferred on the Government of each State the
responsibility of ensuring under a law the establishment, structure, composition,
finance and functions of such councils (FRN, 1999b). Consequently, while the
National Assembly shall make provisions with respect to the names and headquarters
of Local government areas as provided in Section 3, Section 8(3) confers the authority
to create new local government areas on the State Assembly. Also, as the National
Assembly may make laws with respect to the registration of voters and the procedure
regulating elections to a local government, Items 12, and 22 of Part 2 Section 4 of the
Second Schedule and Part 1 of the Second Schedule respectively empower the State
House of Assembly to enact laws with respect to elections to a local government
council. On fiscal operations, Section 7(6a) subject to Item 1 of the Part 1 of the
Second Schedule confers on the National Assembly the constitutional function of
making provisions for the statutory allocation of public revenue to the Federal, States
and Local Government Councils in the federation, while the House of Assembly
according to Section 7(6b) makes provisions for statutory allocation of public revenue
to Local Government Councils within the State.
Finally, whereas the duties of the Federal and State Governments, including their
responsibilities to the human settlement, are enshrined under the chapter on the
“Fundamental Objectives and Directive Principle of State Policy” and, Parts 1 and 2
of the Second Schedule, the local councils should according to Section 7(3) subject to
Section 7(2) participate in the economic planning and development of the area under
an economic planning board established by a Law enacted by the House of Assembly
of the State. However, the local councils are to perform certain function contained in
the fourth schedule of the constitution. These constitutional roles of LGA include:
making recommendations to the State Government commission on economic
planning, collection of rates and licenses, creation and maintenance of cemeteries and
burial grounds, slaughter houses, motor parks, naming of roads and streets, registers
marriages, provision of public conveniences, sewage and refuse disposal, provision
and maintenance of primary schools. Others are provision of primary health facilities
which are not adequate and well maintained.
NIGERIAN URBAN AND REGIONAL PLANNING DECREE 88
(1992) AND GRASSROOTS URBAN GOVERNANCE
Establishment, Composition and Responsibilities of Planning Authorities:
The Nigerian Urban and Regional Planning Decree 88 (now Act) of 1992 provides a
new6 enactment which establishes Federal, State and Local Government Authorities
“to oversee the implementation of a more realistic and purposeful planning of the
country" (FRN, 1992). These urban planning authorities known as the Commission,
the Board and the Authority at the Federal, State and Local government levels
respectively, are by the act composed of members who are either appointees of the
government7 or representatives8 of relevant professions, government ministerial
6 Until the enactment of the N igerian Urban and Regional Planning Decree 88 in 1992, the most comprehensive physical planning law in force in Nigeria was the Nigeria
Town and Country Ordinance of 1946 which was carved out of the Great Britain Town and Country Law of 1932 (Alabi, 2010; Oduwaye, 2006)
7 Each planning authority shall have a Chairman who, according to Nigerian Urban and Regional Planning (Amendment) Decree 18 (FRN, 1999a), is to be appointed by the
President of the Federation, the Governor of the State o r the Local Government Council Chairman as the case may be. Also, to be appointed by the President, Governor
Osuocha and Njoku
1224
departments and agencies, and the constituent units. Thus constituted, it is the primary
responsibility of each authority at each level, to initiate, prepare and administer the
different types of physical development plans assigned to them. To ensure consistency
in physical development across the federation, each authority particularly those of the
second and third tiers is required by Sections 3(1) and 4 to exercise its physical
planning responsibilities within the framework of the National physical development
plan. Also, it is the duty of each planning authority to undertake development control
within its area of jurisdiction.
Figure 1: Types and levels of physical development plans assigned to each level of
Government
FRN (1992)
Procedures for the Preparation and Implementation of Physical Development
Plans:
In preparing a physical development plan the National Urban and Regional Planning
Commission is required by statute to follow the process outlined in the Part D of the
Nigerian Urban and Regional Planning (Act) 1992. This procedure includes the call
for submissions from the public, the collation and analysis of the contributions by the
secretary to the commission and a technical committee appointed by the commission,
respectively; the preparation, exhibition and review of a draft physical development
plan, among others. Also, the law in Sub-sections 25 (1), and 25 (2) require the State
to adopt with necessary modifications the procedure for making National Physical
Development Plan in preparing the Regional, Sub-regional and Urban Master plans,
while the “procedure for the making a town plan, a rural plan, a local plan and a
subject plan shall be in line with the state plans” (FRN, 1992).
or Local Government Council Chairman are, the respective Chief Executives designated as the Executive Director of the Commission, or Executive Secretary for the
Board or Authority in each case. Each appointee must be a registered member of the Town planning profession with not less than fifteen years experience
8 Whereas one r epresentative is required from each of the relevant professions (town planning, architecture, civil engineering, land surveying, law and estate management)
and government ministries and agencies at the federal and state levels or the supervisors of works and education o f the local government councils, representat ives of the
each of the constituent units are in rotation. Therefore, at any point in time 10 representatives in rotation are requ ired from the 36 states and the Federal capital Territory
for the Commission, five from the 15 -45 local councils for the State Board and not more than five representatives from the 10-15 wards in a local government for the
planning authority).
Sustainable urban development
1225
Table 2: Statutory Responsibilities and Functions of the various urban and regional planning authorities
adapted from FRN, 1992 (Sections 2, 3, 4, 7, 9 and 11 of the NURP Act, 1992)
Statutory Planning
Authority
Statutory Responsibilities and Functions
National Urban and
Regional Planning
Commission
The formulation of national policies for urban and regional planning and development
;
The initiation, preparation and implementation of the National Physical Development Plan and
regional plans as recommended by the minister;
The establishment and maintenance of urban and regional planning standards for Nigeria on the
recommendation of th
e minister;
The promotion and fostering of the education and training of town planners and support staff;
The promotion of co
-
operation and coordination among states and local governments in preparation
and implementation of urban and regional plans;
The p
romotion and conduct of research in urban and regional planning;
The making of recommendations and dissemination of research results for adoption by user
organizations;
The supervision and monitoring of the implementation of National Physical development p
lan and
development control;
The development control over federal lands; and
The provision of technical and financial assistance to states in the preparation and implementation of
plans.
Any other functions as may be assigned to the Commission, from time to time.
State Urban and
Regional Planning
Board
The formulation of a state policy for urban and regional planning within the framework of the national
policies;
The preparation and implementation of the regional, sub
-regional, urban and subject pla
ns within the
state
The promotion and conduct of research in urban and regional planning;
The dissemination of research results for adoption by user organizations;
The consultation and co
-ordination with the federal government and local governments in the
preparation of physical plans;
The provision of technical assistance to Local Governments in the preparation and implementation of
local, rural and subject plans.
The preparation and submission of annual progress report on the operation of the National Physical
plan as it affects the state; and
The review of the annual report submitted by the authority.
Local Government
Urban and Regional
Planning Authority
The preparation and implementation of town, local, rural and subject plans;
The control of develo
pment within its area of jurisdiction other than over federal or state lands; and
The preparation and submission of annual report on the implementation of the National Physical
Development plan and the State Regional Plan.
FRN (1992)
Implications of current urban legislation on grassroots urban management and
governance
From the foregoing review of relevant legislation the following is evident:
· Though the existence of Local Governments as the third tier of government is
guaranteed by the 1999 constitution, their autonomy is not assured as they are
nonetheless dependent on the State – in all matters.
· The statutory provisions of Nigerian Urban and Regional Planning Law on the
composition, and responsibilities of the Urban and Regional Planning
Commission, the Board and the Local Government are indicative of an urban
management and governance system characterized by a centric and techno-
bureaucratic decision-making approach. As such, in a bid to ensure consistent
physical development in the country, the Law established an exclusive top-down
urban and regional planning framework that is dependent upon and structured
Osuocha and Njoku
1226
around the Federal Government and bureaucracy. This further undermines the
role, at different levels of urban governance, of grassroots organs like the States,
Local Government, private sector and the civil society.
· Except the provisions for written submissions of proposals, objections and
comments by the public in the physical development plan process, civic
engagement in the urban planning and governance is only passive.9
· Figure 2: Statutory Procedures for the Preparation and Implementation of Physical Development Plans
FRN (1992)
Recent constitutional issues on the Government responsible for Urban and
Regional Planning Administration
On June 13, 2003, the Supreme Court delivered a landmark judgment nullifying some
sections of the Nigerian URP Law on the grounds of their inconsistency with the
provisions of the 1999 Constitution of the Federal Republic. The verdict was based on
a constitutional suit filed against the Federal Government by the Lagos State asking
the court to determine, among other things, which tier of Government has overriding
responsibility for urban and regional planning administration in the Federation
(Fagbohun et al, 2008). In a majority ruling the apex court held that the control of
urban and regional planning as well as physical development vested in the federal
government by Decree 88 of 1992 was inconsistent with Section 4 of the 1999
constitution and null and void to that extent (Ogedengbe, 2003).
The import of this pronouncement to urban governance is that physical development
concerns in our municipalities have been brought a step closer to the grassroots.
However, the issue of the central government’s intervention in urban development is
as yet unresolved as there are expectations that in the end, which is dependent upon
the on-going constitution review process, the federal government will hold sway
9 It may be argued, however, that the NURP Law adequately pro vided for the participation o f all stakeholders in physical development p lanning by creating avenues for
public objections to unfavorable development practices. Conversely, as Alabi (2010) opined the practice of reliance on object ions from the public, to prevent inimical
developments has had no impact, partly because of apathy and lack of enlightenment on the part of the public, and part ly due to the public lack of access to information
concerning these developments at the proposal stage.
Proced
ure for
the
Sustainable urban development
1227
(Oyewumi, 2005). Consequently, as Fagbohun et al (2008) observed, beneficiaries of
the federal lands are in dilemma of seeking development approval from two
authorities i.e. the federal and State planning agencies.
CONCLUSION AND RECOMMENDATIONS
Several true studies on the implementation of planning laws in Nigeria have
effectively demonstrated that physical planning and development controls cannot be
efficiently discharged until the powers of local government get fully defined (Alabi,
2010). International best practices in urban management and governance have, also,
established the central place of popular participation and private sector partnerships in
actualizing the aspirations of sustainable development. Therefore the current trend of
urban governance in Nigeria, which is reflective in its laws, is contrary to both the
contemporary and traditional development strategies.
Hence, there is an urgent need to review and reform the existing decision making
mechanism so grassroots urban authorities can be properly positioned to tackle current
and emerging problems of urbanization in the country. To create appreciable impact at
the grassroots, the constitution should be amended to devolve more responsibilities
and resources to local government authorities based on the principles of subsidiarity
and accountability. The Federal and State governments, however, should only be
charged with the responsibilities to advise, assist and guide the Local Governments
rather than controlling them. All critical development laws should be amended to
incorporate and accommodate the interests of a wide-variety of actors, especially
those of vulnerable groups, by promoting the participation of civil society and private
partnerships, in the design, implementation and monitoring of common objectives.
When these changes are effected the capacity of all actors to contribute fully to
decision-making and urban development processes will certainly be achieved. Only
then can Nigerian cities successfully tow the part of good urban governance and
sustainable urban development.
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