AGF to Governors: Tampering with LG Funds Impeachable Offence

Alex Enumah in Abuja

The Attorney General of the Federation (AGF) and Minister of Justice,  Lateef Fagbemi (SAN) has warned state governors against disregard to the Supreme Court judgement which granted autonomy to Local Government Councils in the country.

Fagbemi, pointed out that such disregard especially by some governors who are now passing state laws in contrast to the apex court judgement could be courting impeachment.

The AGF, who spoke yesterday at the 2024 Annual General Conference of the Abuja Chapter of the National Association of Judiciary Correspondents (NAJUC), also threatened to file charges against elected officials that are conniving with governors to divert allocations to the 774 LGAs, in the country. 

While explaining FG’s reason for going to court, Fagbemi condemned a situation where secretariat staff would have to notify governors in advance before they could spend their own money for basic things such as stationary. 

“And we have listened to such funny arguments before and after the judgement, to the effect that, oh, they are not matured enough. I said, how better are you? Are you any better? Leave them.

“And we have been drumming this into the ears of the local government officials that look, the governors have immunity, but you don’t have. So, it is very easy for you to get yourself to Kuje or other prisons spread across Nigeria. 

“Before I go further, let me say that even before the pronouncement of the Supreme Court, there were so many pressures coming from left, right and center.” 

“But I give kudos to the President of Nigeria, President Bola Ahmed Tinubu, who in spite of the pressure, was able to stand up and say that he is the President of the Federal Republic of Nigeria and that the 774 local governments are also people to be protected and he did so. 

“The local government areas in Nigeria, unlike branches of incorporated bodies or entities, are constitutionally the third tier of government of the federation, having their political and financial independence duly guaranteed by the constitution,” he said.

Reacting to allegations that governors are through “kangaroo elections” putting their puppets in office, the AGF stated that the FG will continue to push for true independence and would not hesitate to go to court to ensure the independence of states electoral commissions.

“We are not resting on our oars. If we don’t have any meaningful response, we may also invite the Supreme Court to help us take a look at the Constitution and see whether they should be allowed to continue to conduct local government elections in the form that we want.

“I am aware that some states have embarked on legislations, promulgation of legislations, which appear to be antithetical to the tenets or tenor of the judgement of the Supreme Court.

“My simple comment is that the states concerned are advised not to tread within the precincts of contempt of court and that my colleagues at the sub-nationals should not also invite what I would call the attention of the legal practitioners disciplinary committee for misconduct. 

“It is expected that having become divorced from the financial dependency on the state’s government, more Nigerians will begin to get involved in the grassroots politics so as to ensure effective governance from the ground up.

“Local government councils must wake up to their primary responsibilities by ensuring that farms are once again cultivated, primary education is accessible to every child in Nigeria, pregnant women and our infants can receive quality healthcare in the primary healthcare centres, our old and vulnerable persons in the society are taken care of through the establishment of sustainable welfare programs and infrastructures, among many other duties imposed on them by the Constitution”, he said.

While declaring the conference open, the Chief Justice of Nigeria (CJN) Justice Kudirat Kekere- Ekun, noted that the judiciary and the media play unique and complementary roles in the development of the society.

The CJN, who was represented by the Secretary of the National Judicial Institute (NJI), Mr. Abdullaziz Olumo, however urged journalists to avoid sensationalism in news reporting.

She further expressed concern over what she termed as “trial by media,” where premature narratives prejudge cases, sometimes infringing on constitutional rights. 

Earlier in his keynote address, Prof. Mike Ozekhome (SAN) said there was need for the judiciary to continue to live up to expectation by ensuring that justice is not sacrificed on the alter of technicalities.

Speaking on the theme of the conference: “The Role of Courts in the Enforcement of judgements,” the human rights activist maintained that courts must hold the balance of scale between feuding parties, even as he cautioned judges against denying lawyers the opportunity to effectively present their case in court.

Ozekhome however admonished judges to stop inviting political exposed persons to events organised in their honour, saying that such action creates room for a compromise. 

While expressing worry over the increasing attacks on the person of judges, the senior lawyer stated that it was time that judges form an association to enable them defend themselves against unfounded corruption allegations.

In his welcome address, the Chairman of the Abuja Chapter of NAJUC, Mr. Kayode Lawal, while pledging the commitment of the media to fair and balanced reporting, also called for a holistic reform that would ensure that lawyers who compromise judges, are promptly and adequately punished.

Among dignitaries at the conference included the Chief Judge of the Federal High Court, Justice John Tsoho, who was accompanied by other justices of the court, as well as senior officials of the Federal Ministry of Justice.