The Federal Government has initiated legal proceedings against the governors of all 36 states in the Supreme Court, accusing them of misconduct in the administration of local government areas.
The government is advocating for complete autonomy for all local government areas in the country, recognizing them as the third tier of government.
Specifically, the government is requesting the apex court to issue an order preventing state governors from unilaterally, arbitrarily, and unlawfully dissolving democratically elected local government leaders.
The government is also seeking an order allowing funds allocated to local governments from the federation account to be directly channeled to them, in accordance with constitutional provisions, rather than being pooled into alleged unlawful joint accounts created by governors.
Furthermore, the Federal Government is requesting an order from the Supreme Court to halt governors from constituting caretaker committees to oversee local government affairs, which goes against the constitutionally recognized and guaranteed democratic system.
The government is also seeking an injunction to prevent governors, their agents, and associates from receiving, spending, or tampering with funds released from the federation account intended for the benefit of local governments when no democratically elected local government system is in place.
The governors of the 36 states have been sued through their respective Attorneys General.
In support of the lawsuit, the federal government has presented 27 grounds, arguing that Nigeria, as a federation, was established by the 1999 Constitution, with the President obligated to uphold and enforce its provisions as the head of the federal executive arm.
The government contends that the governors, as representatives of the component states of the Federation, also took an oath to uphold the Constitution. It emphasizes that the Constitution, as the supreme law, is binding throughout Nigeria.
The Constitution recognizes federal, state, and local governments as the three tiers of government, each drawing funds from the Federation Account as stipulated in the Constitution.
The government alleges that the governors have deliberately failed to establish a democratically elected local government system, even in the absence of a state of emergency that would justify the suspension of democratic institutions.
As a result, the federal government is urging the Supreme Court to invoke relevant sections of the Constitution to declare that governors and State Houses of Assembly have a duty to ensure a democratic system at the local government level.
It also seeks a declaration that governors cannot lawfully dissolve democratically elected local government councils.