By Abiola Olawale
The Federal Government has filed a legal action against the 36 serving States Governors of the Federation over alleged misconduct and inappropriate behaviour in the administration of Local Government Areas, LGAs.
FG, in the suit marked: SC/CV/343/2024, filed before the Supreme Court by the Attorney General of the Federation and Minister of Justice, Prince Lateef Fagbemi, SAN, is seeking an order granting full autonomy to all LGAs in the country as the third tier of government.
The Federal Government in the lawsuit is also seeking an order barring the state governors from embarking on unilateral, arbitrary and unlawful dissolution of democratically elected local government leaders.
Additionally, the Federal Government in the lawsuit is praying before the court to grant 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.
In the 27 grounds it listed in support of the suit, FG, argued that Nigeria, as a federation, was a creation of the 1999 Constitution, as amended, with the President, as Head of the Federal Executive Arm, swearing on oath to uphold and give effects to provisions of the Constitution.
Part of the lawsuit reads: “That the governors represent the component states of the Federation with Executive Governors who have also sworn to uphold the Constitution and to at all times, give effect to the Constitution and that the Constitution, being the supreme law, has binding force all over the Federation of Nigeria.
“That 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.
“That by the provisions of the Constitution, there must be a democratically elected local government system and that the Constitution has not made provisions for any other systems of governance at the local government level other than the democratically elected local government system.
“That 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 even where no state of emergency has been declared to warrant the suspension of democratic institutions in the state.
“That 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.
“That 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 that 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.
“That 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.”
Consequently, FG prayed the Supreme Court to invoke sections 1, 4, 5, 7 and 14 of the Constitution 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 and to also invoke the same sections to hold that the governors cannot lawfully dissolve democratically elected local government councils.
It also prayed for the invocation of sections 1, 4, 5, 7 and 14 of the Constitution to declare that 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.
In a 13-paragraph affidavit that was deposed to by one Kelechi Ohaeri from the Federal Ministry of Justice, the AGF said he filed the suit under the original jurisdiction of the Supreme Court, on behalf of the FG.
The deponent averred that the local government system recognized by the Constitution is a democratically elected local government council, adding that the amount due to local government Councils from the Federation Account is to be paid to the local government system recognized by the Constitution.
FG said it would in the course of the hearing tender, Daily Post online publication of January 29, 2024 titled “LG Administration; 15 Govs under scrutiny over Constitutional breach”, Vanguard online special report of September 12, 2023, Guardian editorial of January 23, 2024, Premium Times online publication of December 1, 2023, Vanguard online publication of December 1, 2023 and Arise online news of December 2, 2023, to justify the national importance and the public interest on the issue of granting autonomy to LGAs in the country.
Meanwhile, the Supreme Court has fixed May 30 to hear the suit.
