LGs Autonomy: FG Drags 36 Governors To Supreme Court

• Lateef Fagbemi (SAN), the Attorney-General of the Federation and Minister of Justice, has filed a lawsuit at the Supreme Court on behalf of the Federal Government against the 36 state governors of Nigeria. The suit seeks to grant full autonomy to local governments.

Marked as SC/CV/343/2024, the suit was obtained by our correspondent on Sunday. The AGF urged the apex court to issue an order prohibiting state governors from the unilateral, arbitrary, and unlawful dissolution of democratically elected local government leaders.

The suit, predicated on 27 grounds, argues that Nigeria, as a federation, is a creation of the 1999 Constitution. The President, as the head of the Federal Executive arm, has sworn to uphold and implement the Constitution’s provisions.

Accusing the state governors of gross misconduct and abuse of power, the AGF sued them through their respective state Attorney-Generals.

Fagbemi asked the Supreme Court for an order allowing the credits of local governments to be directly paid to them from the Federation Account, in line with the Constitution, rather than the alleged unlawful joint accounts created by governors.

The minister also sought an injunction restraining the governors, their agents, and privies from receiving, spending, or tampering with funds released from the Federation Account meant for local governments.

Additionally, the AFG requested an order preventing governors from establishing caretaker committees to manage local governments, insisting on a constitutionally guaranteed democratic system instead.

In a 13-paragraph affidavit supporting the originating summons, Kelechi Ohaeri from the Federal Ministry of Justice deposed that the AGF instituted the suit against the governors under the original jurisdiction of the Supreme Court on behalf of the FG.

The summons partly read: “The governors represent the component states of the Federation, with Executive Governors sworn to uphold the Constitution and ensure its provisions are implemented. The Constitution, being the supreme law, is binding across the Federation of Nigeria.

“The Constitution of Nigeria recognizes federal, state, and local governments as three tiers of government, and these tiers draw funds for their operations from the Federation Account created by the Constitution.

“The Constitution mandates a democratically elected local government system and does not provide for any other governance systems at the local government level.”

Further, it stated: “Despite the clear provisions of the Constitution, the governors have failed to establish a democratically elected local government system, even where no state of emergency has been declared to justify suspending democratic institutions.

This failure is a deliberate subversion of the 1999 Constitution, which both the governors and the President have sworn to uphold.

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“All efforts to make the governors comply with the 1999 Constitution by establishing a democratically elected local government system have been unsuccessful. Continuing to disburse funds from the Federation Account to governors for non-existent democratically elected local governments undermines the sanctity of the 1999 Constitution.

“In light of these constitutional violations, the Federal Government is not obligated under Section 162 of the Constitution to pay any state funds credited to local governments where no democratically elected local government exists.”

The AGF, on this ground, asked the apex court to invoke Sections 1, 4, 5, 7, and 14 of the Constitution to declare that state governors and State Houses of Assembly are obligated to ensure a democratic system at the third tier of government in Nigeria. The same sections should be invoked to hold that governors cannot lawfully dissolve democratically elected local government councils.

The court has scheduled a hearing for Thursday, May 30, 2024.