The Supreme Court of Nigeria has chosen to withhold its judgment on the lawsuit filed by the Federal Government concerning the quest for full autonomy for the 774 local governments (LGs) across the country. The case revolves around the federal government’s attempt to secure autonomy for local governments, allowing them more independence in governance and financial matters.
On Thursday, a seven-member panel of the court, headed by Justice Garba Lawal, cleared the way for judgment on the matter. This decision came after attorneys-general representing the governors of the 36 states of the Federation presented their arguments.
In separate preliminary objections filed before the apex court, the states requested the dismissal of the suit, seeking substantial costs.
The defendants argued that the Attorney-General of the Federation and Minister of Justice, Prince Lateef Fagbemi (SAN), who initiated the action on behalf of the Government, lacked the legal right (locus standi) to do so. They further alleged that the AGF violated their right to a fair hearing by not serving them with a copy of a further affidavit he filed in support of the suit.
Additionally, some states contended that they already have democratically elected local government officials in place and insisted that the Federal Government’s suit amounted to an abuse of the judicial process.
The Justice Lawal-led panel listened to all parties’ arguments and stated that it would communicate the judgment date to them.
The Federal Government, in the suit marked SC/CV/343/2024, sought full autonomy for all local governments (LGs) in the country as the third tier of government. It requested the court to issue an order preventing state governors from unilaterally, arbitrarily, and unlawfully dissolving democratically elected local government leaders.
As well as for an order permitting the funds standing in the credits of local governments to be directly channelled to them from the Federation Account in line with the provisions of the Constitution as against the alleged unlawful joint accounts created by governors.
Besides, FG prayed the Supreme Court for an order stopping governors from further constituting caretaker committees to run the affairs of local governments as against the constitutionally-recognized and guaranteed democratic system.
It equally 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 local governments, when no democratically elected local government system is put in place in the states.
FG argued that Nigeria, as a federation, was a creation of the 1999 Constitution, as amended, with the President, as Head of the Federal Executive Arm, swearing on oath to uphold and give effects to provisions of the Constitution.
Meanwhile, the Supreme Court, on Thursday, rejected applications that Speakers of Houses of Assembly of some of the states filed to be joined as interested parties in the LG autonomy matter.
