The Federal Government has initiated legal action against the governors of all 36 states at the Supreme Court, alleging misconduct in the administration of local government areas (LGAs) and seeking full autonomy for LGAs as the third tier of government.
In the suit marked SC/CV/343/2024, filed by the Attorney General of the Federation and Minister of Justice, Prince Lateef Fagbemi (SAN), the FG specifically requests an order prohibiting state governors from unilaterally dissolving democratically elected local government leaders.
The FG also seeks an order for funds credited to local governments to be directly channeled to them from the Federation Account, bypassing joint accounts created by governors, as well as an injunction against the formation of Caretaker Committees to run local governments.
Governors of the 36 states have been sued through their respective Attorneys General. The FG argues that Nigeria, as a federation, is governed by the 1999 Constitution, with the President and governors sworn to uphold it. However, the governors have allegedly failed to establish democratically elected local government systems as required by the Constitution.
In support of the suit, the FG cites 27 grounds, asserting that the failure to establish democratically elected local government systems undermines the Constitution. It argues that disbursing funds from the Federation Account to governors for non-existent democratically elected local governments violates the Constitution.
It told the apex court: “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 prays the Supreme Court to declare that governors and State Houses of Assembly are obligated to ensure a democratic system at the local government level and that dissolution of democratically elected local government councils by governors is unlawful and unconstitutional.
The Supreme Court has scheduled May 30 for the hearing of the suit. An affidavit by Kelechi Ohaeri from the Federal Ministry of Justice affirms that the suit was filed under the original jurisdiction of the Supreme Court on behalf of the FG, emphasizing the importance of granting autonomy to LGAs in the country.
