The Supreme Court has deferred ruling on the Federal Government’s lawsuit seeking full autonomy for the country’s 774 local governments (LGs).
On Thursday, a seven-man panel of the court, led by Justice Garba Lawal, approved the case for judgement.
This came when the governors of the 36 states of the Federation, through their separate attorney-generals, approved their briefs of argument.
The states asked for the complaint to be dismissed at great expense in several preliminary objections that they filed with the Supreme Court. They claimed that the Attorney-General of the Federation and Minister of Justice, Prince Lateef Fagbemi (SAN), who began the action on behalf of the Government, lacked locus standi.
The defendants further claimed that the AGF violated their right to a fair hearing by failing to serve them with a copy of an additional affidavit he prepared in support of the litigation.
Furthermore, some states claimed that they already had democratically elected local government members in place.
They contended that FG’s suit was a misuse of the court process. After hearing from all parties, the panel led by Justice Lawal stated that it would notify them of the judgement date.
In the suit SC/CV/343/2024, the Federal Government requested that the Supreme Court provide full autonomy to all local governments (LGs) in the country as the third tier of government.
It asked the court to seek an order preventing state governors from unilaterally, capricious, and unlawfully dissolving democratically elected local government leaders.
In addition, an order allowing funds in local governments’ credits to be directly routed to them from the Federation Account in accordance with Constitutional norms, as opposed to the claimed illegal joint accounts created by governors.
Furthermore, the FG requested that the Supreme Court issue an order prohibiting governors from forming caretaker committees to manage local governments in violation of the legally recognised and guaranteed democratic system.
Additionally, it requested an injunction that would prevent privies, governors, and their representatives from accepting, using, or altering money that had been released from the Federation Account for the advantage of local governments in states that do not have a democratically elected local government system.
FG contended that Nigeria, as a federation, was created by the 1999 Constitution, as amended, with the President, as Head of the Federal Executive Arm, swearing an oath to maintain and carry out the provisions of the Constitution.
Meanwhile, on Thursday, the Supreme Court denied applications submitted by Speakers of Houses of Assembly in various states to join as interested parties in the LG autonomy case.
Summary
The Supreme Court of Nigeria is currently considering a lawsuit filed by the Federal Government (FG) that seeks to grant greater autonomy to local governments (LGs) in the country. The FG argues that the current system, where LGs rely on state governments for funding and administration, weakens their independence and hinders their ability to serve their communities effectively.
The 36 state governors have opposed the lawsuit, arguing that the FG is overstepping its bounds and that the existing system already grants sufficient autonomy to LGs. They have also raised procedural objections to the lawsuit.
The Supreme Court’s decision on this case could have significant implications for the balance of power between the federal and state governments in Nigeria. It could also impact the efficiency and effectiveness of local governance in the country.
