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S’court reserves judgement in FG’s suit seeking full LGA autonomy
The Supreme Court has reserved judgment in the suit seeking
full autonomy for Nigeria’s 774 local governments.
All 36 states of the federation are the defendants in the
suit marked SC/CV/343/2024.
The federal government is also asking for an order
preventing the governors from arbitrarily dissolving democratically elected
councils.
We have an originating summons dated and filed 20 May, 2024.
At the court session on Thursday, all the states,
Some of the states also said they were being denied fair
In his submission, Lateef Fagbemi, attorney-general of the
“I adopt and rely on
On the issue of fair hearing, the AGF said he sent copies of
After listening to the lawyers in the suit, a seven-member
BACKGROUND
It is commonplace for governors to sack elected councils and
In the suit filed by Fagbemi, the federal government also
The suit is hinged on 27 grounds.
“That the constitution of Nigeria recognizes federal, states
“That by the
“That in the face of the clear provisions of the
“That the failure of the governors to put democratically
“That all efforts to make the governors comply with the
The federal government asked the apex court to invoke Click to signup for FREE news updates, latest information and hottest gists everyday
represented by their attorneys-general and lawyers, adopted their respective
processes and prayed the court to dismiss the suit.
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.
federation (AGF), prayed the court to dismiss all preliminary objections filed
by the states and grant the originating summons.
these processes. I urge my lords to overrule the various objections and grant
the originating summons,” the AGF said.
the affidavits to the defendants via WhatsApp and emails. He said the court
bailiff also served the defendants.
panel of justices, led by Garba Lawal, said a date for judgment will be
communicated to the parties.
impose caretaker committees in their stead.
requested the supreme court to authorise the direct transfer of funds from the
federation account to local governments — in accordance with the constitution.
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.
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.
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.
elected local government system in place is a deliberate subversion of the 1999
Constitution which they and the President have sworn to uphold.
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.”
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.
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