After an age-long agitation for autonomy, respite came the way of the 774 local government councils in Nigeria as the Supreme Court ruled in favour of autonomy for the third tier of government.
In a landmark judgment, Thursday, the apex court finally put an end to the gross abuse of the affairs of the third tier of government by the state governors.
The AGF, Lateef Fagbemi (SAN), who is the plaintiff in the suit marked SC/CV/343/2024, on behalf of the federal government, had dragged the 36 state governors in the country to court for hijacking local government autonomy.
The AGF sued the state governments through their respective State Attorneys General, accusing the governors of gross misconduct and abuse of power.
All the 36 governors faulted the application and asked the Supreme Court to dismiss same.
…The judgment
But the apex court ruled in favour of all the prayers sought by the federal government.
In the lead judgment delivered by Justice Emmanuel Akomaye Agim, who headed the seven man-panel, the wise men also barred the governors from receiving, tampering or withholding funds meant for the local governments.
The court further declared that the power of the government is portioned into three arms of government, the Federal, the State and the Local government, saying by virtue of the judgment, the state executives will no longer have power to dissolve democratically elected officials of the local government as it has become a breach of the 1999 Constitution.
“A democratically elected local government is sacrosanct and non-negotiable. A state government has no power to elect caretaker committee and a local government council is only recognizable with a democratically elected government.” the court further declared.
The court held that the use of a caretaker committee amounts to the state government taking control of the local government, which it said, is a violation of the 1999 Constitution.
The Supreme Court further held that the local government areas should be governed by democratically elected government, noting that the states had, in the abuse of their power, worked against this law.
The court declared that the 36 State governors cannot use their veto powers to dissolve democratically elected local government councils to replace them with caretaker committee.
The Court held that “Such Act is unlawful, unconstitutional, null and void.”
The court said the practice whereby state governments received and retained local government funds for themselves is an act that has gone on for too long and a clear violation of section 162 of the 1999 Constitution, as amended.
The court held that the 1999 Constitution as amended, states that any money leaving the federation accounts must be distributed to the three tiers of government.
The court stated that it is the local government that should receive and manage funds meant for local government.
Justice Agim declared: “I hold that the state’s retention of the local government funds is unconstitutional. Demands of Justice require a progressive interpretation of the law. It is the position of this court that the federation can pay LGA allocations to the LGAs directly or pay them through the states.
“In this case, since paying them through states has not worked, justice of this case demands that LGA allocations from the federation account should henceforth be paid directly to the LGAs.”
The apex court further held that “A declaration that the local government council funds must be paid to only democratically elected local government council. Anything other than this will be taken as a gross misconduct.
‘…Preliminary objection by states frivolous’
While dismissing and describing the preliminary objection of all 36 state governors as frivolous, the Supreme Court held that as the chief law officer of the federation, the Attorney-General of the Federation has the right to sue in public interest to protect public laws and enforce public laws.
The court added that the AGF has every right to file the suit as the subject matter of the suit is not speculative.
The panel held that the AGF has the right to protect the Constitution and also the right to help any government features from going extinct.
Justice Agim declared that “I hold that the plaintiff’s request is hereby approved and all the reliefs granted.”
…States accept ruling
Notwithstanding their earlier opposition to the suit, the states said they were ready to comply with the Supreme Court’s ruling.
They had claimed that the AGF lacked the locus standi to institute the suit for the local governments.
However, the 36 states, through the Director of Public Prosecution, Zamfara State Ministry of Justice, Barr Abdul Ahmad, said they will abide by the ruling.
“Taken into the provision of Section 162 of the constitution of the Federal Republic of Nigeria, the Supreme Court decided to give it its literal meaning in the sense that it has to be right with the provision of Section 1 sub 7 and also 1 sub 2 and 3.
“Failure to do that will offend the provision of the constitution. Looking at the provision of that section simplicita, this judgment could have been ours but in their own wisdom, they decided to interpret the constitution in that manner and since it is the highest court in the land, we have to abide by it,” Ahmad, who represented the 36 defendants in the matter added.
…Affirmation of the Constitution – Tinubu
Welcoming the verdict, Thursday, President Bola Ahmed Tinubu said by the ruling, the apex court has affirmed the spirit, intent and purpose of the Constitution of the Federal Republic of Nigeria on the statutory rights of local governments.
The president said a fundamental challenge to the nation’s advancement over the years has been ineffective local government administration, as governance at the critical cellular level of socio-political configuration is nearly absent.
He said the onus is now on local council leaders to ensure that the broad spectrum of Nigerians living at that level are satisfied that they are benefitting from people-oriented service delivery.
“The Renewed Hope Agenda is about the people of this country, at all levels, irrespective of faith, tribe, gender, political affiliation, or any other artificial line they say exists between us. This country belongs to all of us.
“By virtue of this judgement, our people – especially the poor – will be able to hold their local leaders to account for their actions and inactions. What is sent to local government accounts will be known, and services must now be provided without excuses.
“My administration instituted this suit because of our unwavering belief that our people must have relief and today’s judgement will ensure that it will be only those local officials elected by the people that will control the resources of the people.
“This judgement stands as a resounding affirmation that we can use legitimate means of redress to restructure our country and restructure our economy to make Nigeria a better place to live in and a fairer society for all of our people,” he said.
The president said the provision of some essential amenities and public goods, such as the construction and maintenance of certain roads, streets, street lighting, drains, parks, gardens, open spaces and other residual responsibilities, including community security, has tottered owing to the emasculation of local governments.
He said the decision of the Supreme Court to uphold the constitutional rights and ideals of local governments as regards financial autonomy, and other salient principles, is of historic significance and further reinforces the effort to enhance Nigeria’s true federal fabric for the development of the entire nation.
The president commended the Attorney-General of the Federation and Minister of Justice, Mr. Lateef Fagbemi, for his diligence and patriotic effort on this important assignment.
He said his administration remains committed to protecting the principles of the charter governing citizens, institutions of government, arms, and tiers of government in furtherance of building an efficient and performance-driven governance system that works for every Nigerian.
… Ozekhome, ALGON, SERAP, CNPP, react
Also in an exclusive chat with Blueprint shortly after the verdicts, a human rights lawyer and Senior Advocate of Nigeria, Chief Mike Ozekhome, described the verdict as an end to muzzling and overbearing influence that the state governors had over local governments in the country.
Rather than allow overbearing state governors to throw their weight around and muzzle the local governments and seize their purse, Ozekhome noted that the verdicts will now allow local government councils to breathe some air of freedom.
He said: “The judgment is salutary, timely and regenerative. It should be upheld by all governments and people in Nigeria for better democratic dividends.
“I see this as victory for our wobbling democracy, even if we are far removed from true fiscal federalism where the federating units control and utilize their God-given resources while paying royalty or tax to the central government.
“This case is one big plus for tested courtroom gladiator, Prince Lateef Fagbemi, SAN, the Attorney General of the Federation, who initiated the case at the apex court, invoking its original jurisdiction.”
Also in a statement, Thursday, the Association of Local Governments of Nigeria (ALGON) Board of Trustees Secretary, Chief Chukwudi Ezinwa, described the judgment as a “birth of a new democracy in Nigeria”.
He said the judgment will put an end to transition committees, caretaker committees or sole administrators.
“Now, the State Assemblies have no other option than to pass the LGA autonomy bill once it gets to them.
“To us at ALGON, we thank God and commend the Attorney-General of the Federation, Lateef Fagbemi (SAN) for taking the bull by the horns and his political will power to pursue the case to the Supreme Court.
“A lot of attorneys-general had come and gone but lacked courage to go ahead to make sure that local government was salvaged from the hands of governors.
“We equally thank the President Bola Tinubu for proving to Nigerians that he is a president with courage and that his Renewed Hope Agenda is for real as well as showing that he wants to correct all the wrongs,” ALGON said.
Similarly, the Socio-Economic Rights and Accountability Project (SERAP) said it was apt, noting that “there is now a clear legal precedent to hold governors and FCT minister to account for how they have spent the local government funds collected by them.”
In a statement Thursday by SERAP’s deputy director, Kolawole Oluwadare, the organisation said: “We applaud the Supreme Court for this groundbreaking decision which will end the persistent alleged misappropriation by several of trillions of FAAC allocations or public funds meant for local governments.
“Following the Supreme Court judgment, there is now a clear legal precedent to hold governors and FCT minister to account for how they have spent the local government funds collected by them.”
“Implicit in the Supreme Court judgment is the requirement for the governors and FCT minister to immediately account for and return the funds meant for local governments but retained and used or allegedly misused by them.
“Accounting for and returning the LGA funds collected would build trust in democratic institutions and strengthen the rule of law,” the body said.
In the same vein, the Conference of Nigeria Political Parties (CNPP) described the verdict as a significant blow to the impunity and recklessness of state governors in the last two decades.
In a statement by CNPP’s Deputy National Publicity Secretary, Comrade James Ezema, the association said: “We urge all stakeholders to respect and implement this judgment, and we demand that governors who violate this ruling be prosecuted after leaving office. It is time to hold our leaders accountable for their actions and ensure that the rule of law is upheld.
“The CNPP calls on the Federal Government to ensure the immediate release of funds due to local governments directly to their respective accounts and to monitor their utilization to prevent further abuse. We also urge civil society organisations and the media to join us in holding governors accountable for their actions.”
Also reacting, a Bauchi state-based legal practitioner, Shamsudeen Toro, described the judgment as a new dawn which, according to him, was in line with the yearning and aspiration of Nigerians.
He said: “Funds that are due for the local governments will now be directly disbursed to their respective LGs without necessarily having recourse to the provision of Section 163 sub 5 and 6.”