THE attorney-general of the federation (AGF) and minister of justice, Lateef Fagbemi, a senior advocate, has threatened to file a contempt of court suit against governors who refused to comply with the Supreme Court ruling on local government autonomy.
Fagbemi issued the threat on Thursday, December 12, at the 2024 annual conference of the National Association of Judiciary Correspondents in Abuja.
He said he was aware that some governors embarked on legislations which appeared to be antithetical to the judgment of the Supreme Court on the local government autonomy.
“My simple comment is that the states concerned are advised not to tread within the precincts of contempt of court.
“Some states have, by their various illegal actions, starved local government councils to the extent that most of them cannot exercise their constitutional powers or perform their statutory functions.
“This is one type of government inhumanity to another type of government,” he stated.
Fagbemi cited Section 1(2) of the Nigerian Constitution, emphasising that the country must be governed solely in accordance with its constitutional provisions.
The AGF explained that his request from the apex court to declare governors’ attempts to override constitutional provisions as unconstitutional was driven by a desire to uphold the rule of law.
Fagbemi stressed that granting local governments autonomy promised by the Constitution would lead to a more independent and accountable system.
He opined that this, in turn, would encourage greater public participation in politics and result in more effective governance at the grassroots level.
He added that with autonomy, local government councils would fulfil their constitutional duties without interference from state governors and citizens would also be empowered to take an active role in shaping the development of their communities.
The minister also warned local government chairmen across Nigeria against mismanaging public funds.
He emphasised that the autonomy granted to the local governments by the Supreme Court aimed to enhance grassroots development, not to enrich individuals. Fagbemi stressed that any chairman found guilty of looting public funds would face the law.
Chief Justice of Nigeria (CJN), Kudirat Kekere-Ekun, highlighted the vital roles of the media and judiciary in societal development during the event.
She said trustworthy journalism was essential for building public confidence in the judiciary.
The ICIR reported that the Supreme Court made a landmark ruling on July 11, 2024, granting financial autonomy to the country’s 774 local government areas.
The court also deemed it unconstitutional for governors to withhold local government funds.
The Supreme Court also barred governors from dissolving elected local government councils and replacing them with caretaker committees.
However, it appears that not all state governors are complying with the Supreme Court’s judgment.
For instance, Oyo State Governor Seyi Makinde has expressed concerns, calling for a homegrown solution to prevent the people from suffering.
Some states have even gone as far as creating legislation that could circumvent the Supreme Court’s ruling.
The ICIR reported that the Anambra State House of Assembly passed the Local Government Administration Bill 2024 on October 8, 2024, despite criticism from civil society groups and opposition parties.
The bill, which was later signed into law by Governor Chukwuma Soludo on October 15, 2024, established a “State Joint Local Government Account” to manage federal allocations to local government areas.
During the signing of the bill into law, Soludo expressed concerns that granting full autonomy to local governments could lead to chaos and undermine sustainable development.
More than five months after the Supreme Court’s judgment, the Federal Government still hasn’t made direct payments to local governments, as ordered.
According to PUNCH, Minister of Finance Wale Edun explained that the government hadn’t started making these payments due to certain “practical impediments”.
A reporter with the ICIR
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