The Supreme Court of Nigeria, on Thursday, reserved judgment in the suit filed by the Attorney General and Minister for Justice, Lateef Fagbemi, SAN, against the 36 State Governments. The Federal Government is seeking to enforce the financial autonomy of the 774 Local Government Areas.
However, after listening to the parties in the suit, the apex court reserved judgment.
Recall that Fagbemi, on behalf of the Federal Government had accused the 36 State Governments of stifling Local Governments and withholding their funds.
But the 36 States, through their Attorney Generals, have vehemently opposed the suit. They, therefore, urged the Supreme Court to dismiss it.
In the suit, marked SC/CV/343/2024, the Federal Government wants the apex court to enforce the autonomy of the Local Government.
The FG wants, among other things, to stop State Governors from appointing Caretaker Committees to administer Local Governments affairs in their States.
The Federal Government also wants the Supreme Court to rule that any Local Government manned by a Caretaker Committee instead of an elected Chairman and Councillors should have their funds from the Federation Account withheld.
The FG also wants the apex court to rule that funds due to Local Governments from the Federation Account should be paid directly to them. This is instead of the fund passing through the State Government. This, it maintained will guarantee the autonomy of the LGs.
But after listening parties on Thursday, the seven man-panel, led by Justice Garba Lawal, announced that parties would be communicated when the judgment was ready.
Adopting their summons, all 36 States in their response opposed the FG’s suit and appealed to the court to throw out the suit.
The AGF, on his part, asked the apex court to grant all the reliefs sought by the Federal Government in the suit.
Stating his adoption, the AGF said, “I adopt and rely on these processes. I urge My Lords to overrule the various objections and grant the originating summons.”
According to reports, while some States claimed that they were denied fair hearing and weren’t served, the AGF clarified that he sent copies of the affidavits to the defendants via WhatsApp and emails.
The AGF also added that the court bailiff also served the defendants in their various State Liaison Offices in Abuja.
Recall that the Federal Government, in the suit, is urging the apex court to issue “an order prohibiting State Governors from unilateral, arbitrary and unlawful dissolution of democratically elected Local Government leaders for Local Governments.”
In the suit predicted on 27 grounds, the Federal Government accused the State Governors of gross misconduct and abuse of power.
The FG, in the originating summons, prayed the Supreme Court to make an order expressly stating that funds standing to the credit of Local Governments from the Federation Account should be paid directly to the Local Governments rather than through the State Governments.
The AGF also prayed 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 benefits of Local Governments when no democratically elected Local Government system is put in place in the States.”
The FG further sought “an order stopping Governors from constituting Caretaker Committees to run the affairs of Local Governments. This, they maintained is against the Constitutionally recognized and guaranteed democratic system.”
“The originating summons was backed by a 13-paragraph affidavit deposed to by one Kelechi Ohaeri of the Federal Ministry of Justice, PUNCH stated.
“Ohaeri, in the affidavit, averred that the AGF instituted the suit against the Governors under the original jurisdiction of the Supreme Court on behalf of the Federal Government.
He was quoto to have said, “The Constitution of Nigeria recognizes Federal, State and Local Governments as three tiers of government. And that the three recognized tiers of government draw funds for their operation and functioning from the Federation Account created by the Constitution.
“By the provisions of the Constitution, there must be a democratically elected Local Government system. And the Constitution has not made provisions for any other systems of governance at the Local Government level other than a democratically elected Local Government system.
“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. This is even where no state of emergency has been declared to warrant the suspension of democratic institutions in the State.
“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.
“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 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.
“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, therefore, urged the apex court to invoke sections 1, 4, 5, 7 and 14 of the Constitution. And 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.
He also urged the apex Court to also invoke the same sections to hold that the Governors cannot lawfully dissolve democratically elected Local Government Councils.
Furthermore, the AGF urged the court to invoke sections 1, 4, 5, 7 and 14 of the Constitution. And to declare that “the dissolution of democratically elected Local Government Councils by the Governors or anyone, using the state powers derivable from laws enacted by the State Houses of Assembly or any Executive Order is unlawful, unconstitutional, null and void.”
Nigerians are waiting for the judgment of the litigation.
source: PUNCH
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