By Olusegun Olanrewaju and Kenny Folowosele
The Federal Government has dragged the 36 state governors to the Supreme Court, seeking full autonomy for local governments.
The Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi (SAN), instituted the suit on behalf of the Federal Government, before the Supreme Court.
In the suit marked SC/CV/343/2024, which was obtained by our correspondent yesterday, the AGF sued the governors through their respective state attorney-generals.
Among other allegations, the AGF accused the state governors of gross misconduct and abuse of power.
The AGF in the suit asked the apex court to issue an order, prohibiting state governors from unilateral, arbitrary, and unlawful dissolution of democratically elected LG leaders.
The suit, which is predicated on 27 grounds, contended that Nigeria as a federation, is a creation of the 1999 Constitution with the President, as the head of the Federal Executive arm of the Federation, and has sworn to uphold and give effect to the provisions of the Constitution.
*Berates joint account, seeks direct payment to local government accounts
Fagbemi prayed to the apex court for an order to allow the credits of LGs to be directly paid to them from the federation account in line with the provisions of the Constitution as against the alleged unlawful joint accounts created by governors.
The Minister also applied for an order of injunction restraining the governors, their agents, and privies from receiving, spending, or tampering with funds released from the Federation Account for the benefit of LGs.
The FG further sought an order stopping governors from constituting caretaker committees to run the affairs of LGs as against the constitutionally-recognised and guaranteed democratic system.
In a 13-paragraph affidavit in support of the originating summons deposed to by one Kelechi Ohaeri from the Federal Ministry of Justice, averred that the AGF instituted the suit against the governors under the original jurisdiction of the Supreme Court on behalf of the FG.
The summon partly read, “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 effects 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 recognises federal, state, and local governments as three tiers of government and that the three recognised 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.”
Meanwhile, the hearing in the suit has been fixed for Thursday, May 30, 2024.
