By Olusegun Olanrewaju, David Lawani, Cross Udo, Kenny Folowosele, and Cajetan Mmuta, with agency report
Relief came the way of the 774 local government councils in the country as the Supreme Court yesterday barred the 36 state governors and the Federal Capital Territory from further tampering with their funds.
In its landmark judgement, the apex court also endorsed autonomy for the third tier of government.
In the lead judgement delivered by Justice Emmanuel Agim, on behalf of a seven-man panel, the Supreme Court further stopped the governors from withholding funds meant for the local government councils.
It also declared that the power of the government is portioned into three arms of government- federal, state, and local government.
In the same vein, by the judgement, state executives will no longer have the power to dissolve democratically elected officials of the local government, with the court having pronounced that it is a breach of the 1999 Constitution.
The court further declared that a state government has no power to elect a caretaker committee, adding that a local government council is only recognisable with a democratically-elected government.
The apex court ruled, “A democratically-elected local government is sacrosanct and non-negotiable.”
It held that the use of a caretaker committee amounts to the state government taking control of the local government and in violation of the 1999 Constitution.
The Supreme Court further held that the local government councils should be governed by democratically-elected government, but “the state by the abuse of their power has worked against this law”.
The court declared that the 36 state governors cannot use their veto powers to dissolve a democratically-elected local council to replace them with a caretaker committee.
The court held that such an act “is unlawful, unconstitutional, null and void.”
According to the court, the practice of state governments receiving and retaining local government funds for themselves is an act that has gone on for too long and (represents) 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 account 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 the local government, and none other.
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 councils. Anything other than this will be taken as a gross misconduct.”
The Supreme Court had earlier dismissed the preliminary objection of all 36 state governors, describing it as frivolous.
The apex court held that as the Chief Law Officer of the federation, the Attorney-General of the Federation (AGF) has the right to sue in the public interest to protect 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 court also held that the AGF has the right to protect the constitution, as well as the right to help any government features from going extinct.
Justice Agim declared, “I hold that the plaintiff’s request is hereby approved and all the reliefs granted.”
The AGF, Lateef Fagbemi (SAN), who is the plaintiff in the suit marked SC/CV/343/2024, on behalf of the Federal government, dragged the 36 state governors in the country to court for hijacking local government autonomy.
*The AGF’s suit
The AGF sued the state governments through their respective state attorney generals, accusing the governors of gross misconduct and abuse of power.
The AGF, in the suit, predicted on 27 grounds, urged the apex court to issue an order prohibiting the state governors from unilateral, arbitrary, and unlawful dissolution of democratically-elected local government leaders for the local governments.
The Federal Government further 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.
All the 36 state governors opposed the suit, urging the apex court to strike out the suit for being grossly incompetent.
They claimed that the AGF lacked the locus standi to institute the suit for the local governments.
*Tinubu, Soludo, Ozekhome, NULGE, ALGON, others hail judgement
*President Tinubu
President Bola Tinubu has welcomed the decision of the Supreme Court of Nigeria affirming the spirit, intent, and purpose of the Constitution of the Federal Republic of Nigeria on the statutory rights of local governments.
The President stated that 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 emphasised that 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.
Tinubu in a statement by his spokesman Chief Ajuri Ngelale, was quoted as saying, “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 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.”
Tinubu noted that 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.
The President affirmed that 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.
He commended the Attorney-General of the Federation and Minister of Justice, Mr Lateef Fagbemi (SAN) for his diligence and patriotic effort on this important assignment.
The President stated that 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.
*Gov Soludo
The Anambra State Governor, Prof Chukwuma Soludo, has commended the Supreme Court on the judgement on Local Government Autonomy, describing the apex court judgement as great and final.
The governor also explained why he has not been able to conduct local government elections in Anambra state despite his campaign promise, adding that a series of litigations in court was responsible for that.
Soludo stated the above while speaking with State House correspondents after meeting with President Bola Tinubu alongside the Chairman of Nigeria’s Governors Forum, NGF, and governor of Kwara State, Abdulrahman Abdulrasaq, the governor of Kogi State, Usman Ododo, and of Cross River State, Prince Bassey Otu at the Presidential Villa, Abuja.
Asked to react to the Supreme Court judgement granting local government autonomy, he said, “That’s great. I mean, the Supreme Court is supreme, it is the final authority and I’m a democrat. I believe in the rule of law.
“And once the Supreme Court has spoken it has spoken. And I understand I mean, tonight, I think the Governors Forum is meeting to review this. We’re yet to even… I mean, I haven’t seen the document myself. I’ve been extremely, very busy all through the day but I’ve seen snippets of it.
“But at a fundamental level, yes, we need resources to get down to the grassroots and we need the people’s money to work for them at all levels, whether at the federal or the state and the local government.
“We need to promote accountability. We need to promote transparency in the utilization of public resources at all levels, to be able to lift the burden of the common man.”
While fielding questions on the statement credited to President Tinubu where he said that only elected local government chairmen will access resources and the absence of elected council chairmen in Anambra state, the governor said a series of litigations have stalled council elections in the state.
According to him, “Well… when I was elected in office, that was one of the things I promised our people because in Anambra, we haven’t had, to be honest with you, I think the first local government election we had was in 1998 or something thereabout and then the next one was in 2014 or 2013.
“And that was it. I mean, I have finished one and a half years or two years thereabout and even the institutions in place are quiet, not strengthened.
“And so for me, I promised the people of Anambra that we’re going to have local government election, and I stated that in my inaugural speech. We’ve just passed the Independent Electoral Commission law of Anambra state and we’re putting together the institutions to be able to organize that.
“It is a promise I made and when I make a promise, I am serious about keeping it. And even the way that that has been run so far, at least under my administration, the resources of the local government, we’ve made sure that the resources get down to the local governments to address their staff, I mean paying teachers, paying the pensioners, and paying primary health workers and, and so on.
“And so, for my state, I mean, which is the other peculiar thing, is that there has been a lingering litigation that stopped local government elections in the past and that particular litigation is still in the courts so to speak.
“We’re going to see how we handle all of that and to organize a local government election as appropriate.
“I’m a believer in having a democratic system. Like I said, I made a firm commitment to that and I don’t say what I will not do.”
*Ozekhome
In his reaction, a Senior Advocate of Nigeria (SAN), Prof Mike Ozekhome, described the decision directing the Federal Government to pay allocations due to the LGAs directly to their account, thereby abolishing the old practices of State-Local Government Joint Account, as timely and courageous.
He said, “I see this judgment as epochal, a having far-reaching effect because money will now be made available directly to the local government areas who will no longer be subservient, like fawning slaves, to state governors.
“The judgement even went further to say that no state government has the power henceforth to dissolve local government areas.
“This is because we have been seeing cases where despite the provisions of Section 7 of the 1999 Constitution that give autonomy to local government areas, states normally go ahead and dissolve local government areas and appoint caretaker committees for them. This is whimsical and capricious.
“The Supreme Court has said this can no longer go on and that, henceforth, no state government should ever be able to dissolve any local government area in Nigeria for any reason whatsoever and howsoever.”
*ALGON
Similarly, the Association of Local Governments of Nigeria (ALGON) also reacted in a statement made available to newsmen yesterday.
The statement quoted the Board of Trustees (BoT) Secretary, Chukwudi Ezinwa, as describing the judgement as a “birth of a new democracy in Nigeria”.
Ezinwa hailed the Supreme Court judgment for granting financial autonomy to local government areas, saying it 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 willpower to pursue the case to the Supreme Court.
“A lot of attorney-generals have come and gone but lacked the courage to go ahead to make sure that local government was salvaged from the hands of governors.
“We equally thank 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,” he said.
*NULGE
Also responding, the National President of the National Union of Local Government Employees (NULGE), Ambali Olatunji, said over 50 per cent of Nigeria’s problems will be addressed following the local government autonomy ruling by the Supreme Court.
Olatunji, who made this known in an interview with the News Agency of Nigeria (NAN) yesterday in Lagos, was reacting to the ruling by the Supreme Court, granting LGAs financial autonomy.
Olatunji, who expressed joy at the apex court’s ruling, described the feat as freedom and a new dawn for the country.
“We believe that with the local government autonomy judgment, over 50 per cent of Nigerian problems have been fixed.
“Also, we hope there will be financial integrity at the local government levels and all financial transactions will be tracked. We will be working with anti-corruption agencies to ensure growth and development,” he said
Olatunji added, “So, we are happy and it is a fulfilment of long-awaited dreams and the struggle in the last 15 years has come to a victorious end,” he said.
The union leader also said that with the judgment, insecurity would become a thing of the past; joblessness would be addressed; poverty and infrastructural gaps would be reduced.
“We appreciate the media, our social partners, especially the Nigeria Labour Congress, and Trade Union Congress of Nigeria for their resilience and support,” Olatunji said.
*Shehu Sani
Former Kaduna lawmaker, Senator Shehu Sani, said the Supreme Court has freed the local governments from over two decades of captivity and systemic plunder by the states.
Sani’s statement followed the Supreme Court judgement yesterday, granting autonomy to the local governments in the country.
The Conference of Nigeria Political Parties (CNPP), after hailing the judgment by the Supreme Court, said it marked a new dawn for local government autonomy and a significant blow to the impunity and recklessness of state governors in the last two decades.
Signed by Comrade James Ezema, Deputy National Publicity Secretary, the association added: “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.”
He added, “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 utilisation to prevent further abuse.
“We also urge civil society organisations and the media to join us in holding governors accountable for their actions.”
*SERAP
Meanwhile, the Socio-Economic Rights and Accountability Project (SERAP), has urged Nigeria’s 36 governors and the Federal Capital Territory, Abuja, “to immediately account for and return the local government funds which they have collected over the years.”
A statement yesterday by SERAP’s Deputy Director, Kolawole Oluwadare, 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.”
SERAP said, “Following the Supreme Court judgement, there is now a clear legal precedent to hold governors and FCT ministers 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 National Assembly must urgently amend the provisions Section 162 of the Nigerian Constitution 1999 (as amended) to ensure that local government allocations from the Federation Account are directly paid to local government areas and not collected by governors and FCT.
“If the governors and FCT minister fail to account for and return the funds meant for local governments in their states and FCT within seven days, SERAP shall consider appropriate legal actions to compel the governors and FCT minister to comply with our requests in the public interest.”
*Others
Other stakeholders also took their time to react to the judgement. For example, in Anambra State, officials of the state government commented, mostly on a note of anxiety.
As the news filtered, tension gripped state officials and transition committee chairmen of the 21 local government areas.
With the Supreme Court’s verdict, Anambra State, under the All Progressives Grand Alliance (APGA) led by the state governor, Chukwuma Soludo is now faced with the onerous task of conducting election into the 21 LGAs of the state.
He is also expected amongst other 35 states of the country where the election has not been held to take steps to conduct polls at the grassroots and not to tamper with funds meant for the councils.
Recall that Soludo had last Thursday in the state inaugurated a new set of transition committee chairmen for the local government areas of the state.
But stakeholders yesterday gave varying opinions and reactions to the judgment by the apex court.
Chairman, BoT, of the International Society for Civil Liberties and Rule of Law (Inter-Society), Emeka Umeagbalasi, said, “The decision of the Supreme Court is not a surprising thing. In fact what the court has done is to reaffirm the provisions of section seven of the 1999 Constitution, as amended, which states that there should be a democratically elected government system in Nigeria.”
