Nigeria Supreme Court of Justice has ruled that state governments have no power or authority to dissolve democratically elected Local Government Area Councils or set up caretaker committee inline with the spirit, purpose and intent of the 1999 Nigeria Constitution.
The Supreme Court on Thursday also ruled that it is unconstitutional for state governments to control the funds or allocations of local government area councils. Stating that Federal Allocations should be paid directly into Local Government Area Councils’ accounts, putting an end to agelong practice of councils’ allocations received through state governments.
The judgment delivered by Justice Emmanuel Agim on Thursday, the apex court declared that it is unconstitutional for State Governments to withhold and utilise allocations meant for Local Government Areas without transferring the funds to them, as mandated by Section 162 (3) of the Constitution.
The Supreme Court ruled that the Federal Government must pay funds allocated to Local Governments directly to the respective Local Government Areas, which are to be managed by democratically elected officials.
A seven-man panel of the apex court led by Justice Garba Lawal passed the judgement after hearing the case in which all the 36 state governors were made the defendants by the Federal Government.
Last month, the Supreme Court had reserved its judgement in a lawsuit brought by the Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi (SAN) to call for local governments’ autonomy in the country.
The suit filed by Fagbemi seeks full autonomy for the local government areas in the country.
The government asked the apex court to ban state governors from arbitrarily dissolving democratically elected local government councils.
The Nigerian Government also asked the apex court to stop the governors from maintaining joint accounts with local governments, describing it as unlawful and in violation of the provisions of the Constitution.
The Federal Government also wants the Supreme Court to prohibit governors from forming Caretaker Committees to manage local governments in violation of the Constitution’s recognised and protected democratic system.
The Federal Government also sought an injunction prohibiting governors, their agents, and privies from receiving, spending, or tampering with funds released from the Federation Account for the benefit of local governments in states without a democratically elected local government system.
According to the suit, Nigeria as a federation, was created by the 1999 Constitution, as amended, with the President as Head of the Federal executive arm, swearing on oath to defend and give effect to sections of the Constitution.
The apex court had earlier given 36 defendants seven days to file their defence and also given the AGF two days to file his reply upon receipt of the governors’ defence.
The Supreme Court judgement delivered by Justice Emmanuel Agim on Thursday described the agelong practice by governors as a violation of the 1999 Constitution.
The Supreme Court thereafter barred all state governors in Nigeria from dissolving democratically elected Local Government councils in the country.
The suit by the AGF was on 27 grounds.
A careful analysis of the Supreme Court rulings indicated that the apex court orders the Federal Government to henceforth withhold allocations to Local Governments governed by unelected officials appointed by the Governor.
The apex court barred the Federal Government from further paying Local Government allocations through the State Governments since the practice has been abused by Governors.
Close watchers said that the 774 local government areas in the country always experience undemocratic practices from state governments over the years.
According to them, efficient governance at the level of the third tier of government has been hampered by the overbearing influence of state governors.
“Funds meant for local governments in the Federation Account are paid monthly to them through their respective state governments. But against expectations, the governors of the states retain the funds in joint accounts in the respective states and only release to the local governments what they wish.
The local governments in each state have no say in the use of the funds in the joint accounts controlled by the respective state governors”, the close watchers said.
The office of the Attorney-General of the Federation and Minister of Justice had instituted the suit at the Supreme Court, seeking an order to better guarantee the independence of the local governments.
In the suit marked: SC/CV/343/2024, the federal government urged the court to issue an order prohibiting state governors from embarking on unilateral, arbitrary and unlawful dissolution of democratically elected local government leaders.
The plaintiff also prayed the Supreme Court to make 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.
Immediate compliance ordered as the Supreme Court declared any action contrary in above as illegal and a breach of the Constitution of Nigeria
Meanwhile, the Conference of Nigeria Political Parties, CNPP has commended the Supreme Court of Nigeria for its landmark judgment barring state governors from withholding funds meant for local government administrations.
A statement signed by the CNPP’s Deputy National Publicity Secretary, Comrade James Ezema, notes that for far too long, governors have usurped the powers and resources of local governments, stifling grassroots development and perpetuating poverty.
“This judgment marks a new dawn for local government autonomy and a significant blow to the impunity and recklessness of state governors in the last two decades.
The CNPP sees this ruling as a significant step towards decentralizing power, promoting grassroots development, and enhancing the overall quality of life for Nigerians.
We believe that this judgment will go a long way in addressing the issues of poverty, inequality, and social injustice that have plagued our nation for decades.
We urge all stakeholders to respect and implement this judgment, and we demand that governors who violate this ruling be prosecuted after leaving office. It is time to hold our leaders accountable for their actions and ensure that the rule of law is upheld.
The CNPP calls on the Federal Government to ensure the immediate release of funds due to local governments directly to their respective accounts and to monitor their utilization to prevent further abuse.
We also urge civil society organizations and the media to join us in holding governors accountable for their actions.
This judgment is a testament to the power of the judiciary in upholding the constitution and protecting the rights of the people. We commend the Supreme Court for its courage and commitment to justice.
The CNPP calls on governors who are yet to conduct local government elections to end the unconstitutional practice of appointing caretaker committees and immediately allow for the conduct of free, fair, and credible local government polls in their states or forfeit the local government allocations until a democratically elected local government system is in place.
This ruling is a resounding victory for democracy, national development, and the long-suffering people of Nigeria”, CNPP stated.
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