In a landmark legal move, the Federal Government of Nigeria has filed a suit seeking full autonomy for the country’s 774 local governments. The suit, marked SC/CV/343/2024, aims to prevent governors from arbitrarily dissolving democratically elected councils and to ensure direct transfer of funds from the federation account to local governments.
Details of the Suit
The suit, filed by Lateef Fagbemi, Attorney-General of the Federation (AGF) and Minister of Justice, is based on 27 grounds. It emphasizes the constitutional recognition of federal, state, and local governments as three distinct tiers of government. The suit contends that all three tiers should receive funds directly from the federation account, as stipulated by the constitution.
The federal government argues that the Nigerian constitution mandates a democratically elected local government system. It states that the governors’ failure to establish such systems, even without a state of emergency, is a deliberate subversion of the 1999 Constitution. The suit asserts that continued disbursement of funds to governors for non-existent democratically elected local governments undermines the constitution.
What They Are Saying
The originating summons highlights that the constitution does not provide for any governance system at the local level other than a democratically elected one. The federal government contends that the governors’ refusal to comply with this requirement necessitates intervention by the Supreme Court.
Why It Matters
This suit addresses a critical issue in Nigerian governance: the autonomy and proper functioning of local governments. Arbitrary dissolution of local councils by governors undermines democracy and local governance. Ensuring direct funding to local governments could enhance accountability and efficiency, leading to better service delivery at the grassroots level.
Bottom Line
The Supreme Court’s decision on this suit could significantly impact Nigeria’s federal structure and local governance. If the court rules in favor of the federal government, it would strengthen the autonomy of local governments and ensure adherence to constitutional mandates. The hearing is scheduled for Thursday, May 30, marking a crucial step in the ongoing struggle for democratic governance at all levels in Nigeria.
