The Federal Government of Nigeria has initiated a legal action at the Supreme Court against the governors of the 36 states, alleging misconduct in the administration of Local Government Areas (LGAs).
The case was filed by the Attorney General of the Federation (AGF) and Minister of Justice, Lateef Fagbemi, the suit seeks full autonomy for all LGAs in the country. The Federal Government specifically requests that the court prohibit state governors from unilaterally, arbitrarily, and unlawfully dissolving democratically elected local government leaders.
The governors of the 36 states were sued through their respective Attorneys General. Additionally, the suit calls for an order allowing funds allocated to local governments to be directly transferred to them from the federation account, by the constitution, instead of through the allegedly unlawful joint accounts created by governors.
The Federal Government also seeks an order to prevent governors from forming caretaker committees to manage local government affairs, insisting on adherence to the constitutionally mandated democratic system. Furthermore, it requests an injunction to restrain governors and their agents from receiving, spending, or tampering with funds from the federation account meant for local governments if no democratically elected local government system is in place.
In its 27 supporting grounds, the Federal Government argues that Nigeria, as a federation, is defined by the 1999 Constitution (as amended), with the President and governors sworn to uphold and implement its provisions. The constitution recognizes federal, state, and local governments as three tiers of government, each drawing funds from the federation account.
The Federal Government contends that the constitution mandates a democratically elected local government system and makes no provision for any alternative governance systems at the local level. The suit claims that governors have failed to establish such a system without any declared state of emergency justifying the suspension of democratic institutions.
The Federal Government asserts that this failure to establish democratically elected local governments is a deliberate subversion of the 1999 Constitution. Despite efforts to ensure compliance with the constitutional mandate, the governors have not yielded results. Continuing to disburse funds to governors for non-existent democratically elected local governments undermines the constitution’s integrity.
Accordingly, the Federal Government argues that under section 162 of the constitution, it is not obligated to pay states funds meant for local governments if no democratically elected local government exists. The Supreme Court has scheduled a hearing for May 30.
