Supreme Court Judgement: AGF,  NBA, ALGON, Others, Drum Support for  Democracy, Rule of Law,  at Grassroots  Level

The Nigerian Bar Association (NBA), living up to its mandate of Promoting the Rule of Law, organised a State of the Nation Discourse on Local Government Administration at its National Headquarters in Abuja, to examine and ensure full  implementation of the Supreme Court Judgement on the financial autonomy of Local Government Administration in the country, which the NBA sees as a condition precedent to returning democracy to the grassroots.

In his opening remarks, NBA President, Mazi Afam Osigwe, SAN, called for respect for the Local Government System in Nigeria. Mazi Afam Osigwe examined different perspectives, opinions and viewpoints expressed by different people on the Supreme Court Judgement, its implications on the polity, and he urged all Speakers and Discussants to do their best to ensure good governance for the people of Nigeria.

In his Keynote Speech, former Justice of the Supreme Court, Hon. Justice Ejembi Eko (JSC) (Rtd) stated among others:  “I had earlier in this paper stated, and it was not in the material judgement of the Supreme Court, that abuse of office is a serious public service offence in the Fifth Schedule to the Constitution – Code of Conduct for Public Officials. The jurisdiction to try any person for the offence resides in, or is vested in the Code of Conduct Tribunal. It appears it does not avail the Governor to plead his immunity under Section 308 of the Constitution. Does it not sound unreasonable for the man violating the Constitution, to plead its cover in its shredded form? St. Paul of Tarsus, in the New Testament of the Holy Bible, had reasoned: He who does not acknowledge the law shall be adjudged without it. The Supreme Court, in Asari Dokubo v FRN (2007) LPLER-958SC at Pg.38 per I.T Muhammad, JSC, appears to concur in this jurisprudence, while dismissing the bail application of Asari Dokubo who was standing trial for treason, thus: where national security is threatened or there is real danger of it being threatened, human rights or individual rights of those responsible must take second place. Human rights or individual rights must be suspended, until national security can be protected or well taken care of. This is not new. The corporate existence of Nigeria as a united, harmonious, indivisible and indissoluble sovereign nation, is certainly greater than the citizen’s liberty or right. Once the security of the nation is in jeopardy and it survives in pieces rather than in peace, the individual’s liberty or right may not even exist.

It follows, therefore, that a State Governor, whose financial banditry, being the ulterior purpose of his violating the constitution as well as renouncing the Covenant in his Oath of Office to eschew corruption and to protect the Constitution, cannot and should not be heard invoking his immunity under it.

In his presentation, the Attorney-General of the Federation and Minister of Justice, Prince Lateef Fagbemi, SAN, who was represented at the event by a Director, Civil Appeals, Mr Tijani Gazali, SAN, stated that: “Following the Supreme Court judgement granting total autonomy to the Local Governments in Nigeria and the injunction of the Court to all governments in Nigeria to immediately implement the judgement, the Federal Government immediately set up an Implementation Committee, comprising of representatives of the Federal Government, ALGON and Nigeria Governors’ Forum.

“This Committee has been working assiduously at coming up with the most practicable framework for the full implementation of the judgement, especially regarding direct payment of allocations from the Federation Account to Local Government Councils. The Committee is expected to complete its mandate any time from now, and present its recommendation to Nigerians.

“It is however, imperative to state that, despite the judgement of the Supreme Court, outlawing the illegal removal of democratically elected Local Government Councils by State Governors, it is quite unfortunate that a few States have continued to flagrantly carry on with this illegality. Let me state in unequivocal terms, that this act is tantamount to treason and must be treated as such. Now, while it is true that Section 308 of the Constitution grants the Governor immunity from prosecution, I wish to be clear that this flagrant disobedience to the Supreme Court judgement will have unpleasant consequences for the State as a whole, should it persist.”