EXPLAINER: Why FG Sued State Governors Over Local Government Autonomy

May 27, 2024
local government

By Adedapo Adesanya

The federal government recently dragged the 36 state governors in Nigeria to the Supreme Court over alleged misconduct in handling local government affairs.

Mr Lateef Fagbemi, the Attorney General of the Federation, instituted the action against the governors to seek full autonomy for local governments as the third tier of government. The governors were sued through their respective State Attorneys General.

According to Mr Fagbemi, the suit is a deliberate attempt at removing local governments from gross abuse by the state governors.

In the suit marked SC/CV/343/2024, the AGF is praying to the apex court for an order prohibiting state governors from unilateral, arbitrary and unlawful dissolution of democratically elected leaders for local governments.

The suit is predicated on 27 grounds among which are that the Nigeria Federation is a creation of the 1999 Constitution with the President as head of the federal executive arm of the Federation who has sworn to uphold and give effects to the provisions of the Constitution.

The originating summons personally signed by Mr Fagbemi, has been fixed on May 30 for hearing.

He is praying to the court for an order permitting the funds standing in the credits of local governments to be directly channelled to them from the federation account in line with the provisions of the constitution as against the alleged unlawful joint accounts created by governors.

He also sought an order stopping governors from constituting caretaker committees to run the affairs of local governments as against the constitutionally recognised and guaranteed democratically elected system.

He applied for an order of injunction restraining the governors, their agents and privies from receiving, spending or tampering with funds released from the federation account for the benefit of local governments when no democratically elected local government system is put in place.

Mr Fagbemi asked the apex court to invoke sections 1, 4, 5, 7 and 14 of the constitution to declare that the state governors and State Houses of Assembly are under obligation to ensure a democratic system at the third tier of government.

The suit also wants the apex court to invoke the same sections to hold that the governors cannot lawfully dissolve democratically elected local government councils.

A 13-paragraph affidavit in support of the originating summons deposed to by one Kelechi Ohaeri from the Federal Ministry of Justice averred that the AGF took out the suit against the governors under the original jurisdiction of the Supreme Court on behalf of the federal government.

The FG asserted that the local government system recognised by the constitution is a democratically elected local government council and that the amount due to local government councils from the federation account is to be paid to the local government system recognised by the constitution.

That the governors represent the component states of the Federation with Executive Governors who have also sworn to uphold the Constitution and to, at all times, give effect to the Constitution and that the Constitution, being the supreme law, has binding force all over the Federation of Nigeria.

Other prayers include: That the constitution of Nigeria recognises federal, state, and local governments as three tiers of government and that the three recognised tiers of government draw funds for their operation and functioning from the Federation Account created by the constitution.

That by the provisions of the Constitution, there must be a democratically elected local government system and that the constitution has not made provisions for any other systems of governance at the local government level other than a democratically elected local government system.

He submitted that the governors have failed and refused to put in place a democratically elected local government system even where no state of emergency has been declared to warrant the suspension of democratic institutions in the state.

He also tackled that the failure of the governors to put a democratically elected local government system in place is a deliberate subversion of the 1999 Constitution which they, and the President, have sworn to uphold.

“That all efforts to make the governors comply with the dictates of the 1999 Constitution, in terms of putting in place, a democratically elected local government system, have not yielded any result and that to continue to disburse funds from the Federation Account to governors for non-existing democratically elected local government is to undermine the sanctity of the 1999 Constitution.

“That in the face of the violations of the 1999 Constitution, the federal government is not obligated,  under section 162 of the Constitution, to pay any State, funds standing to the credit of local governments where no democratically elected local government is in place,” the suit noted.

Adedapo Adesanya

Adedapo Adesanya is a journalist, polymath, and connoisseur of everything art. When he is not writing, he has his nose buried in one of the many books or articles he has bookmarked or simply listening to good music with a bottle of beer or wine. He supports the greatest club in the world, Manchester United F.C.

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