- FG drags 36 state Govs to supreme court over LG autonomy
- Divergent reactions trail litigation as Govs kick, say FG has no locus standi in the matter
- Mala Buni differs, says he has nothing against LG autonomy in Nigeria
On May 24, 2024 the Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi (SAN), instituted a suit on behalf of the Federal Government, before the Supreme Court, against the 36 state governors in the country. The suit is seeking full autonomy for local governments.
WITHIN NIGERIA findings showed that in the suit marked SC/CV/343/2024, the AGF urged the apex court to issue an order, prohibiting state governors from unilateral, arbitrary and unlawful dissolution of democratically elected LG leaders.
According to the report, the suit which is predicted on 27 grounds, contended that Nigeria as a federation, is a creation of the 1999 Constitution with the President, as the head of the Federal Executive arm of the Federation, and has sworn to uphold and give effects to the provisions of the Constitution.
The suit which accused the state governors of gross misconduct and abuse of power, the AGF sued them through their respective state Attorney-Generals.
AGF prayed that the Supreme Court for an order to allow the credits of LGs to be directly paid to them from the Federation Account in line with the provisions of the Constitution as against the alleged unlawful joint accounts created by governors.
Again, the minister applied for an order of injunction restraining the governors, their agents and privies from receiving, spending or tampering with funds released from the Federation Account for the benefit of LGs.
The FG further sought an order stopping governors from constituting caretaker committees to run the affairs of LGs as against the constitutionally-recognised and guaranteed democratic system.
In a 13-paragragh affidavit in support of the originating summons deposed to by one Kelechi Ohaeri from the Federal Ministry of Justice, averred that the AGF instituted the suit against the governors under the original jurisdiction of the Supreme Court on behalf of the FG.
WITHIN NIGERIA gathered that the summon partly reads thus; “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 effects 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 recognises federal, states and local governments as three tiers of government and that the three recognised 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 the democratically elected local government system.”
It also further reads thus; “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,” adding 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 AGF, on this ground, asked the apex court to invoke Sections 1, 4, 5, 7 and 14 of the Constitution to declare that the state governors and State Houses of Assembly are under obligation to ensure a democratic system at the third tier of government in Nigeria and to also invoke the same sections to hold that the governors cannot lawfully dissolve democratically elected local government councils.
Since the suit was instituted, there has plethora of reactions and several questions as to where lie the 774 local government areas.
Will the Supreme Court agree with the Federal Government on the non-remission of allocations to undemocratic LGAs? Will the Federal Government side-step the states and remit allocations directly to councils? Who controls the councils, FG or states? Will councils become federating units? Currently, the states are the federating units but the councils are constitutionally recognised as the third-tier of government.
Recall that as governor of Lagos State, Senator Bola Tinubu, who is now the President created 37 new councils. A couple of other states like Enugu also created councils, which pitted them against then President Olusegun Obasanjo, who insisted that new councils were illegal as 774 LGAs are listed in the Constitution.
In Enugu state for instance, there are 57 development centres which were created by former Gov. Sullivan Chime.
However, while other states soft-pedalled, Governor Tinubu stood his ground leading to a legal battle that ended at the apex court. In its ruling, the Supreme Court held that states could create councils but the new councils must be ratified by the National Assembly to be listed in the Constitution.
Consequently, the 37 new councils were designated as Local Council Development Areas, LCDAs. While the legal battle lasted, then President Obasanjo refused to release allocations meant for the affected LCDAs. The funds were later released by the late President Umaru Musa Yar’Adua’s Administration.
By and large, entertaining the case on May 30, the apex court, which fixed June 13 to commence a full-blown hearing of the matter, ordered the governors, to within seven days (from May 30), enter their defence to the suit the Federal Government filed to secure full autonomy for the 774 LGAs.
20 states run 454 LGAs with transition committees
Nevertheless, available statistics showed that the number of LGAs without democracy in the country is 454, which is 58.66 per cent of the 774 local councils, and the anomaly is against the provisions of Section 7 of the 1999 Constitution (as amended), which guarantees the system of local government by democratically elected officials.
From June, 2024 the number of LGAs without elected chairmen and councillors may go higher as the tenure of council officers expires in Rivers (June 17).
Only 320 LGAs (41.31 per cent) across 16 states and the Federal Capital Territory, FCT, Abuja, have elected officers.
Reasons cited for the inability of many states to conduct council polls include insecurity, paucity of funds, political and legal battles.
20 states without elected LGAs
Abia-17, Anambra-21, Enugu-17, Imo-27, Akwa Ibom – 31, Delta -25, Cross River-18, Ondo-18, Osun-30, Benue-23, Kogi-21, Kwara-16 and Plateau-17.
Others include; Bauchi-20, Yobe-17, Katsina – 34, Kano -44, Kebbi —21, Sokoto-23 and Zamfara -1.
The total is 454 Local government areas and there is no hope of the number reducing.
Kwara Governor kicks against the autonomy
As the furore continues, the Kwara State Government has asked the Supreme Court to dismiss the suit filed by the Federal Government.
In a legal process filed at the apex court, the state contended that granting the reliefs sought by the federal government, “will further impoverish most Nigerians who are downtrodden in the local government areas”
WITHIN NIGERIA findings showed that the Counter Affidavit to the Originating Summons of the federal government filed by the Kwara Attorney-General and Commissioner for Justice, Senior Ibrahim-Sulyman, was obtained on Tuesday in Abuja.
However, the state AG asked the apex court to dismiss the Originating Summons of the federal government and the reliefs sought therein, in the interest of justice.
The Kwara AG, who is the 23rd defendant in the case, however, said the agitation of the plaintiff regarding joint account “is grossly misconceived and a contradiction to the provisions of Section 162 (6) and (8) of the Constitution.
Ibrahim-Sulyman also argued that the misconception of the federal government should be nip in the bud because of an earlier decision of the apex court in a similar case, between Abia State and the Attorney General of the Federation.
He referred to the subsisting judgement of the court delivered by a former Supreme Court Justice, Late Justice Nikki Tobi, in the case, which held:
“The National Assembly cannot validly make a law permitting the direct allocation of funds to the local government Councils.
“Rather, such money must be allocated directly to the state, which shall in turn pay same into the state joint local government account vide section 162 (6) of the Constitution”.
Ibrahim-Sulyman argued that, going by the decision of the court, the federal government in the present case “is turning itself into performing the function of the legislature.
“The ideal thing is for the plaintiff to ensure that a Bill is sponsored for the amendment of the constitution or a new statute to that effect.
‘The plaintiff cannot use the back door of the judiciary to import into our law what is not legislated upon by the National Assembly,” the AG said.
“The allocation meant for the local governments in the state are released for the use of the local governments, monthly,” he said.
The Kwara AG also argued that the state was not in the habit of truncating democracy at the local government level as alleged by the federal government.
He said the earlier scheduled local government elections in the state could not hold due to protracted litigation on the tenure of the Kwara State Independent Electoral Commission.
Ibrahim-Sulyman said the state had rolled out the schedule for the elections to hold into various local government Councils on September 21, 2024.
Besides, the Kwara AG, said, the federal government has no power, whatsoever, to refuse to release the funds meant for the local governments to the states.
Sulyman said payment of the LGs monthly allocations from the federation account to the state is a mandatory statutory provision.
Sen. Sumaila hails FG on litigation over LG autonomy
The Senator representing Kano South Senatorial District, Kawu Sumaila, has commended the federal government for instituting litigation against the 36 state governments for undermining local governance.
Mr Sumaila, a member of the New Nigeria People’s Party (NNPP) gave the commendation in a statement on Monday in Abuja.
Reacting to the litigation, Mr Sumaila said the development will help reinstate the autonomy of local governance and also facilitate the development of the economy through the grassroots.
The Kano senator said that the LG autonomy will improve the revenue generation of the country.
“I am happy, Mr. President has begun to tow on our path to salvage our people by giving the local governments autonomy to operate as enshrined in the constitution.
“The decision to compel the 36 states of the federation to give autonomy to local governments is a step in the right direction. This will surely help in bringing development to our people, particularly the grassroots in the rural areas.
“It will equally boost the nation’s economy by increasing our Internally Generated Revenue through the agricultural value chain and other commercial activities that will come up after the local governments get their autonomy,” he said.
Ondo state govt opposes LG autonomy
The Ondo State Government has urged the Supreme Court to dismiss the suit filed by the Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi (SAN).
The government, in its preliminary objection filed June 6, by the state Attorney General and Commissioner of Justice, Olukayode Ajulo (SAN), which was made available to newsmen on Friday, described the Federal Government as a busybody “a meddlesome interloper” for trying to interfere in the business of states and local governments affairs.
The state government argued that the central government has no right or interest affected or likely to be affected by the action it complained against, adding that the proper and necessary parties for the purpose of invoking the original jurisdiction of the Supreme Court are not before the court.
Explaining further, the state also claimed that the Federal Government lacks locus standi to institute the suit for the local governments.
The objection, which was predicated on 27 grounds, contended that the Attorney General of the Federation cannot single-handedly rewrite the Nigerian Constitution by asking the Supreme Court to assume jurisdiction to hear and determine the suit that he filed in flagrant violation of section 232 of the 1999 Constitution, Section 1 of the Supreme Court Act 3, 2002 and Order 3, Rule 6 of the Apex Court
Ajulo, however, on behalf of the Ondo government, who is the 28th defendant in FG’s suit, stated that the notice of objection claimed that Section 232 of the Constitution only permitted the invocation of the original jurisdiction of the Supreme Court where there is a dispute between the federation as plaintiff and states as defendants which involves any question of law or fact on which the existence or extent of the legal right of either the federation or states depends.
Maintaining that the Federal Government has no locus standi to institute the suit, the Ondo government claimed that the funds complained of in the suit belong to local governments created by the constitution as a distinct and different tier of government independent of the federal government.
The state government claimed that pursuant to Section 7 (1) and 162(8) of the Constitution, its State House of Assembly enacted a law to provide for the local government system, establishment, and administration and ancillary matters known as the Local Government Administration, Conduct of Local Government Election and Allied Matters, Cap 87, Volume 2, Laws of Ondo State of Nigeria, 2006, it, therefore, insisted that by the combined provisions of the Constitution, the federal government has no right or obligation on the allocation and distribution of the funds standing to the credit of local governments in Ondo State and that no law has placed any obligation on the federal government I’m respect of the terms and manners local government funds should be allocated or distributed.
Yobe state govt throws weight behind LG autonomy
Gov. Mai Mala Buni of Yobe has said that his stance has shown he was not opposed to the idea of local government autonomy across the country.
Mai Mala Buni disclosed this after casting his vote in the local government election at his polling unit in Buni Gari on Saturday.
He said that his administration’s collaborative approach to local government councils was aimed at complementing their efforts.
“In 2019, I envisioned granting autonomy to local government councils but unfortunately six out of 17 LGs struggled to pay salaries.
“Our joint local government account initiative aims to support the LGs and work together with the state government,” he explained.
The governor also expressed optimism about the future of local government autonomy in Nigeria.
“Our democracy is growing and this issue will be addressed seamlessly and democratically without hitches,” Buni said.
The governor commended the impressive turnout of voters at the local government election.
“That is the beauty of democracy; giving people the right to cast their votes and that is what we have just witnessed,” he said.