By: Nwakaji Peace Martins
The Federal Government has taken legal action against the 36 state governors by bringing a case to the Supreme Court regarding the unlawful removal of elected local government chairmen.
Mr. Lateef Fagbemi, the Attorney General of the Federation, initiated this legal action to advocate for complete autonomy for local governments as an independent tier of governance.
Fagbemi argues that this lawsuit is a deliberate effort to protect local governments from the excessive power of state governors.
In the lawsuit designated as SC/CV/343/2024, the AGF is requesting the highest court to issue an order preventing state governors from unilaterally, arbitrarily, and unlawfully removing democratically elected local government officials.
The governors have been summoned through their respective State Attorneys General.
The lawsuit is based on 27 grounds, including the fact that the Nigerian Federation was established by the 1999 Constitution, with the President as the head of the federal executive branch, sworn to uphold and implement the provisions of the Constitution.
The legal documents, personally signed by Fagbemi, have set the hearing date for May 30.
He is asking the court to direct that the funds allocated to local governments in the federation account be directly transferred to them in accordance with the constitution, rather than being placed in allegedly unlawful joint accounts created by governors.
He is also seeking an order to prevent governors from appointing caretaker committees to manage local governments, instead of the constitutionally recognized and guaranteed system of democratically elected officials.
Fagbemi has requested an injunction to prevent the governors, their representatives, and associates from accessing, using, or interfering with funds released from the federation account for the benefit of local governments in the absence of a democratically elected local government system.
Fagbemi has urged the apex court to enforce sections 1, 4, 5, 7, and 14 of the constitution to declare that state governors and State Houses of Assembly are obligated to establish a democratic system at the local government level.
The lawsuit also seeks to have the apex court apply the same sections to rule that governors cannot legally dissolve democratically elected local government councils.
A 13-paragraph affidavit supporting the legal documents, sworn by Kelechi Ohaeri from the Federal Ministry of Justice, states that the AGF filed the lawsuit against the governors on behalf of the federal government under the original jurisdiction of the Supreme Court.
The affidavit asserts that the constitution recognizes a democratically elected local government council and that funds allocated to local government councils from the federation account must be disbursed to these constitutionally recognized local government bodies.
It emphasizes that the governors represent the states of the Federation with Executive Governors who have sworn to uphold the Constitution, which is the supreme law of Nigeria.
Other requests include the recognition of federal, state, and local governments as the three tiers of governance, each drawing funds from the Federation Account as outlined in the Constitution.
It also highlights the necessity of a democratically elected local government system according to the Constitution and criticizes the governors for failing to implement this system, even without a state of emergency to justify the suspension of democratic institutions.
The affidavit points out that the governors’ failure to establish a democratically elected local government system is a direct violation of the 1999 Constitution, which they are obligated to uphold.
Efforts to compel the governors to adhere to the Constitution with regards to establishing a democratically elected local government system have been fruitless, and continuing to disburse funds to governors for non-existent democratically elected local governments undermines the Constitution.
In light of these violations, the federal government is not required, under section 162 of the Constitution, to allocate funds from the Federation Account to any State where there is no democratically elected local government in place.
The Supreme Court has scheduled a hearing for Thursday, May 30, to address this legal matter.
