National Telescope national telescope newspaper
By Taiwo Niyi
The Supreme Court of Nigeria has reserved judgment in the case filed by the Federal Government against the 36 state governors regarding the autonomy of local governments.
The decision was made by a seven-member panel of the Supreme Court, led by Justice Garba Lawal, after the governors, represented by their respective Attorneys-General, presented their arguments.
In their preliminary objections, the states called for the dismissal of the suit, citing substantial costs.
They argued that the Attorney-General of the Federation (AGF) and Minister of Justice, Lateef Fagbemi, SAN, who filed the suit on behalf of the Federal Government, did not have the legal standing to do so.
The governors also claimed that the AGF violated their right to a fair hearing by not serving them a copy of a further affidavit supporting the suit.
Additionally, some states noted that they already have democratically elected local government officials and argued that the suit by the Federal Government was an abuse of judicial process.
After hearing all parties, the panel led by Justice Lawal indicated that they would announce the judgment date at a later time.
The Federal Government, in the suit marked SC/CV/343/2024, sought the Supreme Court’s approval for full autonomy for all local government areas (LGAs) in Nigeria, recognising them as the third tier of government.
The Federal Government requested an order to stop state governors from unilaterally dissolving democratically elected local government leaders.
Furthermore, the Federal Government asked the court to ensure that funds allocated to local governments from the Federation Account are directly channeled to them, in accordance with the Constitution, rather than through the allegedly unlawful joint accounts created by state governors.
The suit also sought an order to prevent governors from establishing caretaker committees to manage local government affairs, which the Federal Government argued is unconstitutional.
Furthermore, the Federal Government requested an injunction to stop governors and their agents from handling funds meant for local governments unless a democratically elected local government system is in place.
The Federal Government maintained that Nigeria, as a federation, is governed by the 1999 Constitution (as amended), with the President sworn to uphold and enforce its provisions.
In a related development, the Supreme Court on Thursday dismissed applications from Speakers of Houses of Assembly of some states who sought to join the case as interested parties.
The reserved judgment in this significant case underscores the ongoing debate over the autonomy and governance of local governments in Nigeria.
The final decision by the Supreme Court will have far-reaching implications for the structure and functioning of local governments across the country
