The Federal Government has approached the Supreme Court with a suit seeking to compel governors of the 36 states of the federation to grant full autonomy to the local governments in their domains.
The suit, marked SC/CV/343/2024, was filed by the Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi (SAN), on behalf of the Federal Government.
The Federal Government is urging the apex court to issue “an order prohibiting state governors from unilateral, arbitrary and unlawful dissolution of democratically elected local government leaders for local governments.”
In the suit predicted on 27 grounds, the Federal Government accused the state governors of gross misconduct and abuse of power.
The FG, in the originating summons, prayed the Supreme Court to make an order expressly stating that funds standing to the credit of local governments from the Federation Account should be paid directly to the local governments rather than through the state governments.
The justice minister also prayed 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 Federal Government further sought “an order stopping governors from constituting caretaker committees to run the affairs of local governments as against the Constitutionally recognised and guaranteed democratically system.”
The originating summons was backed by a 13-paragraph affidavit deposed to by one Kelechi Ohaeri of the Federal Ministry of Justice.
Ohaeri, in the affidavit, averred that the AGF instituted the suit against the governors under the original jurisdiction of the Supreme Court on behalf of the Federal Government.
He said,“The Constitution of Nigeria recognises federal, states and local governments as three tiers of government and the three recognised tiers of government draw funds for their operation and functioning from the Federation Account created by the Constitution.
“By the provisions of the Constitution, there must be a democratically elected local government system and the Constitution has not made provisions for any other systems of governance at the local government level other than a democratically elected local government system.
“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.
“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.
“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 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.
“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, urged the apex court to invoke sections 1, 4, 5, 7 and 14 of the Constitution to declare that the state governors and state Houses of Assembly are under obligation to ensure a 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.
Furthermore, he urged to invoke sections 1, 4, 5, 7 and 14 of the Constitution to declare that “the 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.”
The apex court has fixed Thursday, May 30 for hearing.
Meanwhile, the Nigerian Union of Local Government Employees hailed the move by the Federal Government, saying it would join the lawsuit as a concerned party.
