WAHALA: Federal Government Sues 36 Governors Over Local Government Autonomy
By The federal government has taken bold legal action against all 36 state governors, bringing them before the Supreme Court over allegations of meddling in local government affairs. This high-stakes move, spearheaded by Attorney General of the Federation (AGF) and Minister of Justice, Prince Lateef Fagbemi, SAN, seeks to ensure full autonomy for local government councils as the third tier of government.
Filed under case number SC/CV/343/2024, the AGF is urging the Supreme Court to prohibit state governors from unlawfully dissolving democratically elected local government councils. The suit aims to guarantee that local governments operate independently, free from state interference.
Mr. Fagbemi is also pushing for an order to allow funds allocated to local governments from the Federation Account to be directly transferred to them, bypassing the controversial Joint Accounts managed by governors. Additionally, he seeks to stop governors from appointing caretaker committees to manage local government affairs, insisting on the constitutionally mandated democratic councils.
The federal government is requesting an injunction to prevent governors and their agents from handling funds meant for local governments when no democratically elected councils are in place. The 36 governors are being represented through their respective Attorneys General in this landmark case.
In a detailed argument, the federal government contends that Nigeria’s Constitution clearly establishes federal, state, and local governments as three distinct tiers, each drawing funds from the Federation Account. The suit emphasizes that the Constitution mandates democratically elected local government systems, and the governors’ failure to implement this is a direct violation of the supreme law of the land.
The federal government argues that continuing to disburse funds to states without democratically elected local councils undermines the Constitution. They call on the Supreme Court to uphold sections 1, 4, 5, 7, and 14 of the Constitution, ensuring that governors and state legislatures support a democratic system at the local level.
Supporting evidence for the case includes several media reports highlighting constitutional breaches by state governors regarding local government administration. The Supreme Court has scheduled a hearing for May 30 to deliberate on this significant case.