On Thursday, the Supreme Court reserved judgment in the case filed by the Federal Government against the 36 state governments, seeking to enforce financial autonomy for the 774 local government areas in Nigeria. The judgment was reserved after both parties presented their briefs.
The suit, filed by the Attorney General of the Federation and Minister of Justice, Lateef Fagbemi (SAN), accuses state governments of stifling local governments and withholding their funds.
The Federal Government wants the court to enforce local government autonomy by stopping state governors from appointing caretaker committees to manage local governments.
It also seeks a ruling that funds from the Federation Account should be paid directly to local governments.
The state governments, represented by their Attorneys General, opposed the suit and urged the Supreme Court to dismiss it. In the suit marked SC/CV/343/2024, the Federal Government requested the court to rule that any local government run by a caretaker committee instead of elected officials should have its funds withheld.
A seven-member panel of the Supreme Court, led by Justice Garba Lawal, announced that the parties would be notified when the judgment was ready.
The AGF, representing the Federal Government, asked the court to grant all the reliefs sought, including overruling the objections raised by the states.
Fagbemi clarified that all defendants were served with the necessary documents via WhatsApp, emails, and through the court bailiff at their state liaison offices in Abuja.
The Federal Government’s suit argues that state governors have committed gross misconduct and abused their powers by dissolving democratically elected local government leaders and replacing them with caretaker committees.
The FG wants the court to prohibit this practice and ensure that funds from the Federation Account are paid directly to local governments.
The AGF’s originating summons, supported by a 13-paragraph affidavit from Kelechi Ohaeri of the Federal Ministry of Justice, contends that the Constitution mandates a democratically elected local government system and that the governors’ failure to implement this system undermines the Constitution.
The Federal Government also seeks an injunction to prevent governors from spending or tampering with local government funds when no democratically elected local government is in place.
The Supreme Court is asked to declare that state governors and state Houses of Assembly are obligated to ensure a democratic system at the local government level and that the dissolution of elected local government councils by governors is unconstitutional, null, and void.
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