The Federal Government has taken a bold step by filing a lawsuit against all 36 State Governors at the Supreme Court, alleging misconduct in the administration of Local Government Areas (LGAs).
The lawsuit, marked SC/CV/343/2024 and filed by the Attorney-General of the Federation and Minister of Justice, Prince Lateef Fagbemi, SAN, seeks to secure full autonomy for LGAs as the third tier of government.
The government is specifically challenging the unilateral, arbitrary, and unlawful dissolution of democratically elected local government leadership by state governors. It is also advocating for the direct channeling of funds from the Federation Account to local governments, as opposed to the alleged unlawful joint accounts created by governors.
Furthermore, the Federal Government is seeking to prohibit governors from constituting caretaker committees to run local governments, which it argues is against the Constitutionally recognized democratic system.
The lawsuit also aims to prevent governors, their agents, and privies from using funds meant for local governments without a democratically elected local government system in place.
The lawsuit has been filed against the Governors of the 36 States through their respective Attorneys General.
The Federal Government, in its argument supported by 27 grounds, emphasizes that Nigeria, as a federation, is a creation of the 1999 Constitution, with the President sworn to uphold and give effect to its provisions as the Head of the Federal Executive Arm.
It told the apex court, “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 effect 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 recognizes 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.”
In a groundbreaking move, the Federal Government has petitioned the Supreme Court to invoke key sections of the Constitution, including 1, 4, 5, 7, and 14, to assert that State Governors and State Houses of Assembly are mandated to uphold democratic principles at the local government level.
The government is seeking a ruling that would prevent governors from arbitrarily dissolving democratically elected local government councils, deeming such actions unlawful and unconstitutional.
The petition, filed under the original jurisdiction of the Supreme Court by the Attorney-General of the Federation, highlights the constitutional recognition of a democratically elected local government system.
It argues that funds allocated to local government councils from the Federation Account should be directed to these constitutionally recognized councils.
The Federal Government’s stance is supported by a 13-paragraph affidavit sworn by Kelechi Ohaeri from the Federal Ministry of Justice. The affidavit emphasizes the importance of a democratic local government system and condemns any dissolution of democratically elected councils by governors or others using state powers, labeling such actions as null and void.
The Supreme Court has set May 30 as the date for the hearing of this significant case, which could have far-reaching implications for the governance structure at the local government level in Nigeria.
