The Supreme Court has issued a directive to the 36 state governors, granting them seven days to submit their defence in a high-stakes suit filed by the Federal Government. This action, led by Attorney General of the Federation and Minister of Justice, Lateef Fagbemi (SAN), seeks to uphold the autonomy of local governments.
In a session held on Thursday, the apex court ordered that all legal processes and their exchange must be concluded within nine days, subsequently adjourning the case to June 13 for a full hearing.
The suit, designated SC/CV/343/2024, demands that the Supreme Court prohibit state governors from appointing caretaker committees to oversee local governments. It further seeks a ruling that any local government managed by such a committee should have its funds from the Federation Account withheld. Additionally, it calls for local government funds to be disbursed directly to them, bypassing state governments, to ensure their autonomy.
The case was presented before a seven-judge panel led by Justice Garba Lawal. Fagbemi appeared personally for the Federal Government, while attorneys general represented 28 states. Borno, Kano, Kogi, Niger, Ogun, Osun, Oyo, and Sokoto were not represented.
Addressing the court, Fagbemi stressed the urgency of the matter: “We have filed our written address. From the nature of the case, it is one that requires urgency, and I am happy to report that there is no counter-affidavit.”
Dr Ben Odo, Attorney General of Ebonyi State and Chairman of the Body of States Attorneys General, confirmed the collective agreement not to oppose the motion for expedited proceedings. However, Onyechi Ikpeazu (SAN), representing Anambra State, requested additional time, citing recent awareness of the summons and vital unresolved issues.
Fagbemi countered by requesting a seven-day period, given that nine days had already elapsed. The Supreme Court concurred, mandating that states file their defence within seven days, with the AGF to respond within two days of receiving the states’ defence.
The court also instructed that all absent defendants be served fresh hearing notices and appear on the adjourned date.
The Federal Government’s suit seeks to curb the unilateral dissolution of democratically elected local government councils by state governors and the subsequent appointment of caretaker committees, which it deems unconstitutional. The government argues that such actions subvert the 1999 Constitution, which mandates a democratically elected local government system.
In a comprehensive affidavit, Kelechi Ohaeri of the Federal Ministry of Justice asserts that the suit was filed under the Supreme Court’s original jurisdiction on behalf of the Federal Government. The affidavit details numerous instances of alleged misconduct by state governors, including the misuse of local government funds and failure to establish democratically elected councils, in violation of constitutional provisions.
The AGF’s suit urges the Supreme Court to declare the governors’ actions unlawful and to enforce direct disbursement of local government funds. It also calls for an injunction preventing governors from managing or interfering with these funds when no democratically elected local government system is in place.
The case highlights ongoing tensions between state and federal authorities over governance at the local level, with significant implications for the structure and function of local governments across Nigeria. As the June 13 hearing approaches, the outcome could set a precedent for the autonomy and financial independence of local governments nationwide.
