Introduction
1.1 Background to the Study
In order to ensure rapid sustainable development, Nigerian constitution divides power among the three levels of government ie federal, states and local governments. Subsequently, responsibilities are decentralized to each of these governmental levels, each with its distinct areas of functions. However, due to their importance, certain areas need to be legislated on by both federal, states and local governments in order to provide as much services as required by the teaming Nigerian population. For example health, education, water supply are the concurrent responsibilities of all the levels of government. For this reason, Chapter 17 (3) (d) under Chapter II of the constitution makes it a fundamental principle of the state (government) to provide adequate medical and health facilities for all persons. Also, Chapter 18 (3) provides that government shall strive to eradicate illiteracy to the extent of providing free, compulsory and universal primary education. Moreover, under the Fourth Schedule, the Constitution clearly spells out the functions of local government to include among others, the provision of health and educational facilities. Under this Schedule, Chapter 2 (a) provides that the local government shall ensure the provision and maintenance of primary, adult
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