Local Governments Autonomy: S’Court to Hear FG’s Suit against Governors May 30

Alex Enumah in Abuja

The Supreme Court will on Thursday hear the suit filed by the federal government against the governors of the 36 states on local governments autonomy.
The suit filed by the Attorney General of the Federation (AGF) and Minister of Justice (AGF), Lateef Fagbemi, SAN, is aimed at removing local government councils from the alleged gross abuse by governors.

In the suit marked SC/CV/343/2024, the AGF prayed the apex court for an order prohibiting governors from unilateral, arbitrary and unlawful dissolution of democratically elected local government executives.
Fagbemi, in the originating summons is also praying the Supreme 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 of the apex court stopping governors from constituting caretaker committees to run the affairs of local governments as against the constitutionally recognised and guaranteed democratic system.
Besides, the federal government 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 benefits of local governments when no democratically elected local government system is put in place in the states.

The governors were sued through their respective state attorneys general.
The suit is predicted on 27 grounds among which are that the Nigeria federation is a creation of the 1999 Constitution with President as Head of the Federal Executive arm and has sworn to uphold and give effects to the provisions of 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 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 recognized 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 democratically elected local government system.
“That in the face of the clear provisions of the Constitution, 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.
“That the failure of the governors to put 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, 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 AGF, therefore, asked the apex court to invoke Sections 1, 4, 5, 7 and 14 of the Constitution to declare that the governors and State Houses of Assembly were under obligation to ensure democratic system at the third tier of government in Nigeria and to also invoke the same sections to hold that the governors cannot lawfully dissolve democratically elected local government councils.

He also prayed for invocation of Sections 1, 4, 5, 7 and 14 of the Constitution to declare that dissolution of democratically elected local government councils by the governors or anyone using the state powers derivable from laws enacted by the State Houses of Assembly or any Executive Order is unlawful, unconstitutional, null and void.

A 13-paragragh 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 deponent asserted that local government system recognised by the Constitution is a democratically elected local government councils and that the amount due to local government councils from the Federation Account is to be paid to local government system recognised by the Constitution.

The Supreme Court has fixed Thursday, May 30, for hearing of the suit.