The Federal Government has launched a legal action against the Governors of Nigeria’s 36 states, alleging misconduct in the administration of Local Government Areas.
This move, marked by the suit SC/CV/343/2024, was filed by the Attorney General of the Federation and Minister of Justice, Prince Lateef Fagbemi, SAN. The FG is advocating for full autonomy for all LGAs, ensuring they function as the third tier of government as outlined by the Nigerian Constitution.
The FG seeks the Supreme Court’s intervention to prevent state governors from unilaterally and unlawfully dissolving democratically elected local government leaders. The FG is also asking for an order allowing funds allocated to LGAs to be directly disbursed from the Federation Account, rather than being diverted through joint accounts controlled by state governors. Additionally, the FG requests an order stopping governors from establishing Caretaker Committees to manage local governments, which contravenes the Constitution’s requirement for a democratically elected local government system.
The FG further seeks an injunction to restrain governors and their agents from handling funds meant for LGAs if no democratically elected local government is in place. The governors of the 36 states have been sued through their respective Attorneys General.
The FG’s suit lists 27 grounds in support of its case, emphasizing that Nigeria’s federal structure, established by the 1999 Constitution, mandates a democratically elected local government system. The FG argues that governors have consistently failed to comply with this constitutional requirement, thereby undermining the Constitution. The FG contends that continuing to allocate funds from the Federation Account to states without democratically elected LGAs further erodes the Constitution’s authority.
In its arguments to the Supreme Court, the FG stated: “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.
“That by the provisions of the Constitution, there must be a democratically elected local government system and that the Constitution has not made provisions for any other systems of governance at the local government level other than democratically elected local government system.
“That 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.
“That 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.
“That 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 that 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.
“That 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 FG is calling for the Supreme Court to enforce sections 1, 4, 5, 7, and 14 of the Constitution, compelling state governors and Houses of Assembly to maintain a democratic local government system. It also seeks to declare that the dissolution of democratically elected local government councils by governors is unlawful and unconstitutional.
An affidavit submitted by Kelechi Ohaeri from the Federal Ministry of Justice supports the FG’s stance, emphasizing that the Constitution only recognizes democratically elected local government councils and mandates the direct payment of their funds from the Federation Account.
The Supreme Court has scheduled a hearing for the suit on May 30.