The federal government has taken legal action against all 36 State governors in Nigeria, bringing them before the Supreme Court.
The Attorney General of the Federation, Prince Lateef Fagbemi, SAN, initiated the lawsuit, aiming to secure full autonomy for local government councils as the third tier of government in the country.
In the suit, which is identified as SC/CV/343/2024, the Attorney General seeks several orders from the Supreme Court. Firstly, he requests an order preventing State Governors from unilaterally dissolving democratically elected local government councils.
Secondly, he asks for an order directing that funds allocated to local governments from the Federation Account be channeled directly to them, rather than being held in allegedly unlawful Joint Accounts controlled by governors.
Additionally, he seeks an injunction stopping governors from appointing Caretaker Committees to oversee local government affairs, instead of respecting the constitutionally mandated democratically elected councils.
Furthermore, the federal government seeks an injunction to prevent governors, their agents, and associates from accessing or using funds designated for local governments when no democratically elected councils are in place.
The lawsuit is grounded on 27 legal grounds, highlighting the constitutional framework of Nigeria’s federal system, which recognizes federal, state, and local governments as distinct tiers, each drawing funds from the Federation Account.
The crux of the matter lies in the alleged failure of governors to establish democratically elected local government systems as required by the 1999 Constitution.
Despite various attempts to compel compliance, the governors have purportedly neglected this constitutional obligation. As a result, the federal government contends that disbursing funds to governors without democratically elected local governments undermines the constitutional order.
In seeking relief from the Supreme Court, the Attorney General invokes several sections of the Constitution to assert that State Governors and State Houses of Assembly are duty-bound to ensure a democratic system at the local government level.
He argues that such actions by the governors constitute a deliberate subversion of the Constitution, which they have sworn to uphold.
The Supreme Court has scheduled the hearing for May 30, indicating the gravity and urgency of the matter at hand.
