General
EXPLAINER: Why FG Sued State Governors Over Local Government Autonomy
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.
By Aduragbemi Omiyale
A former member of the House of Representatives, Mr Onamusi Onadeko, has been sentenced to nine months’ imprisonment with an option of a fine of N50,000.
The former lawmaker, who represented Ogun East Federal Constituency in the National Assembly from 1999 to 2003, was sentenced by Justice Chizoba Oji of the Federal Capital Territory High Court in Abuja on Thursday, July 30, 2026.
He was found guilty on count 11 and convicted for making inconsistent statements but discharged and acquitted on counts 2, 3, 4, 6, 7, 8, 9 and 10.
Mr Onadeko’s journey to the court started in 2017, when he was charged by the Independent Corrupt Practices and Other Related Offences Commission (ICPC) for his alleged involvement in the award and execution of a N68.7 million contract.
The politician, according to a statement from the ICPC, was accused of using his private companies, Stanton Engineering Limited and Haines and Baines Limited, to execute several constituency projects while working as a Senior Legislative Aide to late Senator Buruji Kashamu, who represented Ogun East Senatorial District between 2015 and 2019.
The commission, had in the course of the eight years trial told the court that several contracts like buying of ambulance vehicles, supply of hospital equipment and drugs for Primary Health Centres, as well as construction of classrooms for some selected schools in six communities of Ogun East Senatorial District, were awarded to both Stanton Engineering Limited and Haines and Baines, where the convict doubles as a Managing Director and nominal Director, respectively, an action that violates Sections 12 and 19 of the Corrupt Practices and Other Related Offences Act, 2000.
ICPC also accused Mr Onadeko of making an inconsistent statement that contradicted the one previously made to the Commissioner for Oaths, where he stated that he is a Director of Haines and Baines Limited in an affidavit dated June 30, 20216, but subsequently wrote another statement while under investigation on May 5, 2017, that he is not a shareholder or Director of Haines and Baines Limited.
This action violates Section 25(1)(b) of the ICPC Act and, upon conviction, is liable to a fine not exceeding N100,000 or to imprisonment for a term not exceeding two years or to both such fine and imprisonment.
However, Mr Onadeko, through his counsel, Mr Wahab Olatoyebi, argued in the course of the trial that his client was not a public officer as his appointment at that material time was on a short-term basis and non-pensionable, hence he, (Onadeko) did not fall within the category of those that could be tried under Sections 12 and 19 of the Corrupt Practices and Other Related Offences Act, 2000 which criminalize and punish abuse of office by public officers.
But this argument was rejected by Justice Oji, who stressed that based on the defendant’s letter of appointment as well as the decision of the Supreme Court in the case of Federal Government of Nigeria v. Farouk Lawan, legislative aides are public officers and therefore could be prosecuted under the relevant provisions of the Corrupt Practices and Other Related Offences Act, 2000.
By Adedapo Adesanya
The Governor of Oyo State, Mr Seyi Makinde, has inaugurated a Judicial Commission of Inquiry to investigate the abduction of students and teachers from Esinele and Yawota communities in Oriire Local Government Area of Oyo State.
The governor formally inaugurated the commission at the Executive Council Chamber of the Governor’s Office, Secretariat, Agodi, Ibadan.
Speaking at the event, Governor Makinde said that although the successful rescue of the victims brought relief to the state, it did not provide complete closure.
He explained that the decision to set up an independent commission was not intended to undermine the efforts of security agencies but to ensure that every question surrounding the incident is thoroughly addressed and lessons are learnt to prevent a recurrence.
He charged members of the commission to conduct a thorough, impartial, and evidence-based investigation, assuring them of the state government’s full support. He also called on individuals and relevant institutions to cooperate fully with the panel.
Speaking on behalf of the commission, its chairman, Professor Mojeed Owoade, pledged that members would carry out the assignment with integrity, professionalism, and fairness. He added that the panel would seek an extension if necessary to complete its work.
Governor Makinde gave the commission four weeks to submit its report.
Earlier this month, the pupils and teachers abducted in Oriire Local Government Area of Oyo State regained their freedom after 56 days in captivity.
According to the Special Adviser to the President on Information and Strategy, Mr Bayo Onanuga, eight of the kidnappers had been arrested, but the Federal High Court in Abuja on July 23 sentenced three suspects in the abduction to life imprisonment.
According to the court, the sentencing of Mr Abdulrazak Umar, known under the alias Abu Khalifa/Abu Khalid; Mr Yunusa Musa, alias Yunusa Bin Musa; and Mr Shamsu Adamu Sani, alias Abu Itisar, will start from the date of their arrest.
Before their sentencing by Justice Salim Ibrahim, counsel for the defendants pleaded with the court to sentence them on liberal terms, adding that they were first-time offenders and had pleaded guilty.
By Modupe Gbadeyanka
Two Chinese, Mr Zhang Hong Lin and Mr Gao Pei Hai, have been convicted and sentenced by Justice Akintayo Aluko of the Federal High Court in Ikoyi, Lagos, for conspiracy and the illegal mining of solid minerals.
They were both found guilty on all five counts levelled against them by the Economic and Financial Crimes Commission (EFCC) and sentenced each to five years’ imprisonment on each count, with an option of a N50 million fine covering all five counts.
The court also ordered the forfeiture of the mineral resources recovered from them to the Federal Government of Nigeria.
The defendants were arraigned on a five-count charge bordering on conspiracy and the unlawful possession of mineral resources intended for export without lawful authority.
“That you, Zhang Hong Lin, Gao Pei Hai, and Gao Pei Yu (currently at large), sometime in 2025 in Lagos, within the jurisdiction of this court, conspired among yourselves, with the intent to defraud the Federal Government of Nigeria of revenue accruing therefrom, and without the permission of the appropriate authority, engaged in the exportation of mica products, copper-bearing, and lithium-bearing mineral resources out of Nigeria, thereby committing an offence contrary to Section 1(8)(a) of the Miscellaneous Offences Act, 1983, and punishable under Section 8 of the same Act,” one of the charges read.
The defendants pleaded guilty when the charges were read to them, with the prosecution counsel, H.U. Kofarnaisa, calling the investigating officer, Matthew Orogwu, who reviewed the facts of the case and tendered documentary evidence before the court.
After presenting the evidence, Kofarnaisa urged the court to convict and sentence the defendants in line with the charges.
