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FG Drags 36 Governors To Supreme Court Over LGAs Autonomy
The Federal Government has filed a Supreme Court petition against the 36 state governors for alleged malfeasance in Local Government Area management. The petition, brought by the Attorney General of the Federation (AGF) and Minister of Justice Lateef Fagbemi, seeks complete autonomy for all local government regions in the country.
In the suit, the Federal Government requested that the Supreme Court issue an order banning state governors from unilaterally, arbitrarily, and unlawfully dissolving democratically elected local government leaders. The governors of 36 states were sued by their respective Attorneys General.
The petition also seeks an injunction allowing funds in local governments’ credits to be directly routed to them from the federation account in accordance with constitutional regulations, as opposed to the claimed unconstitutional joint accounts established by governors.
The Federal Government also requested that the Supreme Court issue an injunction prohibiting governors from forming caretaker committees to manage local governments, which is contrary to the constitutionally recognised and guaranteed democratic system.
It also sought an injunction prohibiting governors, their agents, and privies from receiving, spending, or tampering with funds released from the federation account for the benefit of local governments in states without a democratically elected local government system.
In the 27 grounds it outlined in support of the complaint, the Federal Government contended that Nigeria, as a federation, was a creature of the 1999 Constitution as amended, with the president as head of the federal executive arm, swearing on oath to protect and carry out constitutional requirements.
The Federal Government informed the Supreme Court that the governors represent the constituent states of the federation, including executive governors who have pledged to obey the constitution at all times.
It holds that the Nigerian constitution recognises federal, state, and local governments as three tiers of government and that the three recognised tiers of government get funds from the federation account established 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 the 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 Supreme Court has set May 30 as the date for the hearing.
A Gentle Reminder: Every obstacle is a stepping stone, every morning; a chance to go again, and those little steps take you closer to your dream.
Nnamdi Okoli
