The Supreme Court of Nigeria is set to deliver a landmark judgment today on the contentious issue of local government autonomy. The suit, initiated by the Attorney General of the Federation and Minister of Justice, Lateef Fagbemi (SAN), seeks to ensure full autonomy and direct fund allocation to the 774 local governments across the country.
Fagbemi’s suit, filed on behalf of the Federal Government, calls for the Supreme Court to mandate that funds be withheld from local governments operated by caretaker committees appointed by state governors instead of elected officials. The legal action is grounded on the argument that such appointments violate the constitutional provision for democratically elected local government systems.
Represented by their respective attorneys general, the 36 state governors have collectively opposed the suit, questioning the Supreme Court’s jurisdiction over the matter. A seven-member panel of Supreme Court Justices, led by Justice Garba Lawal, heard the case on June 13 and reserved judgment until today.
The Federal Government, through the AGF, has asked the court to uphold the 1999 Constitution, which recognises federal, state, and local governments as distinct tiers of government. Fagbemi argued that direct allocation of funds to local governments is crucial to prevent the unlawful dissolution of local government administrations and the subsequent appointment of caretaker committees by state governors.
The suit hinges on the assertion that the constitution mandates a democratically elected local government system, and any deviation undermines the constitutional framework. The AGF contends that governors’ failure to establish elected local governments constitutes a deliberate subversion of the 1999 Constitution, calling for the Supreme Court to enforce compliance.
In anticipation of the judgment, the National Union of Local Government Employees (NULGE) has declared a national day of prayer and fasting. NULGE President Hakeem Ambali emphasized the significance of the Supreme Court’s decision, expressing hope for a favorable outcome that would strengthen local government autonomy.
This ruling could have profound implications for the governance structure in Nigeria, potentially reshaping the power dynamics between federal, state, and local governments. As the nation awaits the verdict, the focus remains on the Supreme Court to uphold the constitutional mandate and ensure the proper functioning of local government administrations.
