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 (LGAs). The suit, filed at the Supreme Court and marked SC/CV/343/2024, was initiated by the Attorney General of the Federation and Minister of Justice, Prince Lateef Fagbemi, SAN. The primary objective of the lawsuit is to seek full autonomy for all LGAs as the third tier of government in Nigeria.
FG’s Demands for Local Government Autonomy
In the suit, the Federal Government has requested the Supreme Court to:
1. Prohibit Unlawful Dissolution of Local Governments : Issue an order preventing state governors from unilaterally dissolving democratically elected local government councils.
2. Direct Fund Disbursement to LGAs: Permit funds designated for local governments to be directly transferred from the Federation Account to the LGAs, bypassing the allegedly unlawful joint accounts managed by state governors.
3. Abolish Caretaker Committees: Stop governors from appointing caretaker committees to run local government affairs, as these are not recognized by the Constitution.
4. Restrict Governors from Handling LGA Funds: Restrain governors and their agents from accessing or manipulating funds meant for LGAs in the absence of democratically elected local government systems.
Grounds for the Lawsuit
The Federal Government’s lawsuit is supported by 27 grounds, which highlight several constitutional violations and governance issues:
1. Constitutional Framework: Nigeria, as a federation, is governed by the 1999 Constitution, which mandates the President and governors to uphold its provisions.
2. Three Tiers of Government: The Constitution recognizes federal, state, and local governments, each entitled to funds from the Federation Account.
3. Mandate for Democratically Elected Local Governments: The Constitution requires that local governments be democratically elected, with no provision for any other form of governance at this level.
4. Failure to Establish Elected Councils: Governors have allegedly failed to establish democratically elected local government councils, violating constitutional mandates and undermining democratic principles.
5. Subversion of the Constitution: The Federal Government contends that the governors’ actions represent a deliberate subversion of the 1999 Constitution, which they swore to uphold.
6. Ineffectiveness of Compliance Efforts: Previous efforts to ensure governors comply with constitutional requirements for democratic local governance have been unsuccessful.
7. Constitutional Obligations and Fund Distribution: The Federal Government argues that it is not obligated to disburse funds to states where democratically elected local governments are absent, per Section 162 of the Constitution.
Legal Basis for the Suit
The Federal Government has invoked several constitutional provisions in its plea to the Supreme Court:
Sections 1, 4, 5, 7, and 14: These sections collectively affirm the obligation of state governors and state houses of assembly to maintain a democratic local government system. The suit argues that the dissolution of elected local councils by governors or through state laws is unconstitutional, null, and void.
Affidavit Supporting the Suit
In a 13-paragraph affidavit submitted by Kelechi Ohaeri from the Federal Ministry of Justice, the Attorney General affirmed that the Constitution only recognizes democratically elected local government councils. The affidavit emphasizes that funds from the Federation Account should be directed exclusively to such constitutionally recognized local governments.
The Federal Government’s lawsuit represents a significant step toward ensuring constitutional compliance and promoting democratic governance at the local level in Nigeria. The Supreme Court’s decision on this matter will have far-reaching implications for the administration of LGAs and the broader federal structure of the country.
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Written By: Doris Chinwe Omemgbeoji