Besides, FG, prayed the Supreme Court for an order, stopping
governors from further constituting Caretaker Committees to run the affairs of
local governments as against the Constitutionally recognized and guaranteed
democratic system.
It equally applied for an order of injunction, restraining
the governors, their agents and privies, from receiving, spending or tampering
with funds released from the Federation Account for the benefits of local
governments when no democratically elected local government system is put in
place in the states.
Governors of the 36 States were sued through their
respective Attorneys General.
In the 27 grounds it listed in support of the suit, FG,
argued that Nigeria, as a federation,
was a creation of the 1999 Constitution, as amended, with the President, as
Head of the Federal Executive Arm, swearing on oath to uphold and give effects
to provisions of the Constitution.
It told the apex court: “That the governors represent the
component states of the Federation with Executive Governors who have also sworn
to uphold the Constitution and to at all times, give effect to the Constitution
and that the Constitution, being the supreme law, has binding force all over
the Federation of Nigeria.
“That the Constitution of Nigeria recognizes federal, states
and local governments as three tiers of government and that the three
recognized tiers of government draw funds for their operation and functioning
from the Federation Account created by the Constitution.
“That by the
provisions of the Constitution, there must be a democratically elected local
government system and that the Constitution has not made provisions for any
other systems of governance at the local government level other than
democratically elected local government system.
“That in the face of the clear provisions of the
Constitution, the governors have failed and refused to put in place a
democratically elected local government system even where no state of emergency
has been declared to warrant the suspension of democratic institutions in the state.
“That the failure of the governors to put democratically
elected local government system in place, is a deliberate subversion of the
1999 Constitution which they and the President have sworn to uphold.
“That all efforts to make the governors comply with the
dictates of the 1999 Constitution in terms of putting in place, a
democratically elected local government system, has not yielded any result and
that to continue to disburse funds from the Federation Account to governors for
non existing democratically elected local government is to undermine the
sanctity of the 1999 Constitution.
“That in the face of the violations of the 1999
Constitution, the federal government is not obligated under section 162 of the
Constitution to pay any State, funds standing to the credit of local
governments where no democratically elected local government is in place.”
Consequently, FG, prayed the Supreme Court to invoke
sections 1, 4, 5, 7 and 14 of the Constitution to declare that the State
Governors and State Houses of Assembly are under obligation to ensure a
democratic system at the third tier of government in Nigeria and to also invoke
the same sections to hold that the governors cannot lawfully dissolve
democratically elected local government councils.
It also prayed for the invocation of sections 1, 4, 5, 7
and 14 of the Constitution to declare that dissolution of democratically
elected local government Councils by the Governors or anyone using the state
powers derivable from laws enacted by the State Houses of Assembly or any
Executive Order, is unlawful, unconstitutional, null and void.
In a 13 paragraghs affidavit that was deposed to by one
Kelechi Ohaeri from the Federal Ministry of Justice, the AGF said he filed the
suit under the original jurisdiction of the Supreme Court, on behalf of the FG.
The deponent averred that local government system recognized
by the Constitution is a democratically elected local government councils,
adding that the amount due to local government Councils from the Federation
Account is to be paid to local government system recognized by the
Constitution.
FG said it would in the course of the hearing tender, Daily
Post online publication of January 29, 2024 titled “LG Administration; 15 Govs
under scrutiny over Constitutional breach”, Vanguard online special report of
September 12, 2023, Guardian editorial of January 23, 2024, Premium Times
online publication of December 1, 2023, Vanguard online publication of December
1, 2023 and Arise online news of December 2, 2023, to justify the national
importance and the public interest on the issue of granting autonomy to LGAs in
the country.
Meanwhile, the Supreme Court has fixed May 30 to hear the
suit.
