In a significant move that has captured the attention of the nation, the Federal Government of Nigeria (FGN) has instituted a legal action against the 36 state governors. The case, which is currently before the Supreme Court, is centered on the autonomy of Local Government Areas (LGAs), the third tier of government in Nigeria.
The LGAs, headed by council officials, are responsible for addressing the needs of people at the grassroots. However, the FGN alleges that the state governors have been undermining the autonomy of these LGAs, leading to gross misconduct and abuse of power.
The Attorney General of the Federation (AGF), Lateef Fagbemi, filed the suit on behalf of the FGN. The suit, marked SC/CV/343/2024, seeks an order from the apex court to prohibit state governors from the arbitrary and unlawful dissolution of democratically elected local government leaders.
The FGN is also seeking a direct transfer of funds from the federation account to the LGAs. This move is aimed at circumventing the alleged unlawful joint accounts created by the governors. The AGF has requested an injunction to prevent the governors, their agents, and associates from receiving, spending, or interfering with funds disbursed from the federation account meant for the benefit of local governments.
Furthermore, the FGN is seeking an order to prohibit governors from establishing caretaker committees to manage local government affairs. The AGF argues that this action contradicts the constitutionally recognized and guaranteed democratic system.
The suit accuses the state governors of failing to implement a democratically elected local government system, which the FGN views as a deliberate undermining of the 1999 Constitution. The Constitution recognizes federal, states, and local governments as three tiers of government, all of which draw funds for their operation and functioning from the federation account.
The FGN argues that the governors’ failure to uphold the Constitution, which they swore to protect, is a gross violation of their oath of office. Despite efforts to make the governors comply with the dictates of the 1999 Constitution, the FGN claims that these efforts have not yielded any result.
The FGN believes that continuing to disburse funds from the Federation Account to governors for non-existing democratically elected local government undermines the sanctity of the 1999 Constitution.
The Supreme Court has fixed Thursday, May 30, for the hearing of the suit. This development is seen by many Nigerians as a significant move by the FGN to ensure LGA autonomy and put an end to the long-standing practice of state governors interfering with the administration of LGAs.
This case represents a pivotal moment in Nigeria’s political landscape. The outcome could redefine the relationship between the federal and state governments and the autonomy of the LGAs. As the nation awaits the court’s decision, the spotlight remains firmly on the Supreme Court and the 36 state governors.
