The recent Supreme Court ruling granting financial autonomy to local governments has sparked reactions from former governors and legal experts.
Senator Orji Uzor Kalu, a former governor of Abia State, hailed the ruling as a “victory for democracy” and a “boost to grassroots development.”
He commended the Supreme Court’s judgment, saying: “The Supreme Court judgement on the autonomy of local governments is one that should be hailed and applauded especially for the courage and independence shown by the judiciary.
“When governance gets to the grassroots, it becomes easier to identify and hold the leaders responsible.”
Kalu also appealed to the Federal Government to consider entrusting local government elections to INEC instead of SIEC to further strengthen local government autonomy.
On the other hand, former Governor James Ibori of Delta State expressed strong reservations about the ruling, stating: “The judgment has dealt a severe setback on the principle of federalism as defined by section 162(3) of the 1999 Constitution… It’s an assault on true federalism, and the implications are far-reaching.”
Ibori argued that the ruling contradicts the Constitution, potentially “centralises power at the federal level, erodes state autonomy, impacts financial independence, and sets a dangerous precedent for federal interventions in state governance”.
He further noted that Section 162(6) of the Constitution explicitly provides for the administration of local governments, stating: “Each State shall maintain a special account to be called ‘State Joint Local Government Account’ into which shall be paid all allocations to the Local Government Councils of the state from the Federation Account and from the Government of the State.”
The former governor emphasized that the Supreme Court’s ruling appears to contradict this clear constitutional provision, raising concerns about judicial interpretation and the potential for federal overreach into state and local governance.
In an interview with NewsNGR, Barr. Aloy Ejimakor, a constitutional lawyer, explained that the ruling aligns with the Nigerian Constitution’s provisions on federalism and decentralization.
“The Supreme Court ruling on local government autonomy is a landmark judgment that comports with the black letters of the Nigerian Constitution.
“It furthers the doctrine of devolution powers from the State to the local government and engenders political accountability of local government councils,” he said.
He also noted that it would ensure decisions are made “closer to the people and promote accountability”.
Regarding potential conflicts with Section 162(6) of the Constitution, Barrister Ejimakor clarified:
“The ‘autonomy’ judgment does not conflict with Section 162(6) of the Constitution, which mentions the ‘State Joint Local Government Account.’
“This account is a trust account or an account where all allocations to the local governments are deposited in trust and thus insulated from the interference of the Governor, who should not have any drawing rights.
“Instead, the drawing rights are to be exercised by the respective local governments to the limit of the funds allocated to each.”
Another legal expert, Otunba Barr. Tunde Falola, told NewsNGR that while the judgment grants financial autonomy, it may not lead to full political autonomy for local governments.
“To what extent can they (the local government chairmen) win the election in their respective local government, without the support of the state government? I doubt if any of these chairmen can win on their own, the seats of the local government. He who plays the piper dictates the tone.
“As long as the local government chairmen will not be able to win the election, they will still rely on the state governors for support for mobilization. And if that happens, you can be rest assured that this autonomy we are talking about will be weakened.
“Because there is no way a state governor will want to support a candidate in a local government election, without having control over the finances of that local government,” he stated.
Barr. Falola also highlighted potential contradictions with Section 162 of the Constitution and emphasised the need for constitutional amendments to align with the judgment.
The Attorney General of the Federation and Minister of Justice, Lateef Fagbemi, had stated that the Supreme Court ruling takes effect immediately.