S’court reserves judgement in FG’s suit seeking full LGA autonomy

Some of the states also said they were being denied fair
hearing adding that the attorney-general of the federation (AGF) failed to
serve them with the process of his further affidavits filed on June 10.

In his submission, Lateef Fagbemi, attorney-general of the
federation (AGF), prayed the court to dismiss all preliminary objections filed
by the states and grant the originating summons.

 “I adopt and rely on
these processes. I urge my lords to overrule the various objections and grant
the originating summons,” the AGF said.

On the issue of fair hearing, the AGF said he sent copies of
the affidavits to the defendants via WhatsApp and emails. He said the court
bailiff also served the defendants.

After listening to the lawyers in the suit, a seven-member
panel of justices, led by Garba Lawal, said a date for judgment will be
communicated to the parties.

BACKGROUND

It is commonplace for governors to sack elected councils and
impose caretaker committees in their stead.

In the suit filed by Fagbemi, the federal government also
requested the supreme court to authorise the direct transfer of funds from the
federation account to local governments — in accordance with the constitution.

The suit is hinged on 27 grounds.

“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,” the originating
summons reads.

 “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 governments is to undermine the sanctity
of the 1999 constitution.”

The federal government asked the apex court to invoke
sections 1, 4, 5, 7 and 14 of the constitution to declare that the governors
and state houses of assembly are under obligation to ensure democratically
elected systems at the third tier.