THE Nigeria government has filed a suit at the Supreme Court against the 36 state governors over the nation’s local governments’ autonomy.
In a suit marked SC/CV/343/2024, the federal government, through attorney-general of the federation (AGF) Lateef Fagbemi, urged the apex court to issue an order, prohibiting state governors from arbitrary and unlawful dissolution of democratically elected local government leaders.
The AGF sued the 36 state governors through their respective state attorney generals, with the court fixing Thursday, May 30 for a suit hearing.
The local government is the third tier of government in Nigeria. It caters to the needs of people at the grassroots.
Council officials head the local governments, and their responsibilities include making laws to address the issues of their locality.
Meanwhile, the suit, hinged on 27 grounds, accused the state governors of gross misconduct and abuse of power.
The federal government sought the court to authorise the direct transfer of funds from the federation account to local governments in line with the provisions of the Constitution against the alleged unlawful joint accounts created by governors.
Fagbemi also requested an injunction to prevent the governors, their agents, and associates from receiving, spending, or interfering with funds disbursed from the federation account meant for the benefit of local governments.
He further sought an order to prohibit governors from establishing caretaker committees to manage local government affairs, noting that the action contradict the constitutionally recognised and guaranteed democratic system.
The summon partly read, “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 effects to the Constitution and that the Constitution, being the supreme law, has binding force all over the federation of Nigeria.
“That the Constitution of Nigeria recognises federal, states 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.
It added that the governors’ failure to implement a democratically elected local government system is a deliberate undermining of the 1999 Constitution, which they swore 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, has 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 read.
The federal government asked the apex court to invoke Sections One, Four, Five, Seven and 14 of the constitution to declare that the governors and state houses of assembly are under obligation to ensure democratically elected systems at the third tier of government.
The ICIR reports that over the years, the state governments have been accused of infringing on local government autonomy, thereby undermining the ability of local councils to function independently.
Former president Buhari had in May 2020 signed an Executive Order to grant financial autonomy to the judiciary, legislature, and local government councils.
Buhari attributed the stunted development at the third tier of government to the governors’ questionable actions on LGA funds.
Usman Mustapha is a solution journalist with International Centre for Investigative Reporting. You can easily reach him via: umustapha@icirnigeria.com. He tweets @UsmanMustapha_M