In a bid to strengthen local government autonomy, the federal government has taken legal action against the thirty-six state governors, bringing the matter before the Supreme Court of Nigeria. The suit, marked SC/CV/343/2024, was filed on May 20 by the Attorney General of the Federation and Minister of Justice, Lateef Fagbemi (SAN).
The federal government, through this lawsuit, seeks to address long-standing issues regarding the autonomy and proper functioning of local governments. The primary aim is to curb the unilateral and often arbitrary dissolution of democratically elected local government leaders by state governors, which the federal government contends is unlawful and detrimental to local governance.
Key Demands of the Suit
1. Prohibition of Arbitrary Dissolutions: The federal government is asking the Supreme Court for an order that would prohibit state governors from unilaterally dissolving democratically elected local government councils. This practice has been criticized for undermining democracy and destabilizing local governance structures.
2. Direct Funding to Local Governments: The suit calls for an order that would allow funds allocated to local governments from the federation account to be directly transferred to them. This move aims to bypass the joint accounts controlled by state governors, which the federal government argues are unconstitutional and mismanaged, leading to delays and misappropriation of local government funds.
3. Ban on Caretaker Committees: Another significant aspect of the lawsuit is the request to stop governors from appointing caretaker committees to manage local government affairs. The federal government insists that these committees are unconstitutional, as the Constitution guarantees a democratic system of local government administration.
4. Injunction on Funds Management: The federal government is also seeking an injunction to prevent governors, their agents, and associates from receiving or tampering with funds intended for local governments from the Federation Account unless a democratically elected local government system is operational. This measure aims to ensure that local governments have the financial independence needed to effectively serve their communities.
This lawsuit highlights the ongoing tension between state and federal authorities over the control and management of local governments. The federal government’s move is seen as an effort to reinforce constitutional provisions that guarantee local government autonomy, which many believe is essential for grassroots development and democracy.
The outcome of this case could significantly reshape the political landscape, potentially reducing the powers of state governors over local government administration. It is expected to set a precedent for future governance and the relationship between different tiers of government in Nigeria.
Reactions to the federal government's lawsuit have been mixed. Supporters argue that it is a necessary step to protect local democracy and ensure the efficient use of resources meant for local development. Critics, however, view it as an overreach by the federal government into state affairs, potentially disrupting established governance structures.
Legal experts suggest that the Supreme Court’s decision will be pivotal in clarifying the constitutional provisions related to local government administration. According to Professor John Adebanjo, a constitutional law expert, "This case will test the resilience of Nigeria's federal system and could redefine the autonomy and operational dynamics of local governments."
While the Supreme Court prepares to deliberate on this significant case, all eyes will be on the judiciary to deliver a verdict that could transform local governance in Nigeria. The federal government's lawsuit underscores the ongoing efforts to uphold constitutional mandates and promote democratic principles at all levels of government.
