The Federal Government has instituted a legal action against the Governors of the 36 States of the Federation at the Supreme Court over alleged misconduct in the administration of Local Government Areas, LGAs.

FG, in the suit marked: SC/CV/343/2024, which was filed by the Attorney General of the Federation and Minister of Justice, Prince Lateef Fagbemi, SAN, is seeking full autonomy for all LGAs in the country as the third tier of government.

It specifically prayed the apex court to issue an order, prohibiting state governors from embarking on unilateral, arbitrary and unlawful dissolution of democratically elected local government leaders.

As well as for an order permitting the funds standing in the credits of local governments to be directly channelled to them from the Federation Account in line with the provisions of the Constitution as against the alleged unlawful joint accounts created by governors.

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.

— Vanguard News

Noted.

What about regional government which will be more effective?

The cleansing Is on. A lot of error needs to be corrected in our system

..when it favours them they keep quiet..when it does not they start making noise..

..all this gra gra is just because of how FUBARA is dealing with Wike..when they succeed at the Supreme jester..one day, they will still go back to that Court to overturn it...

APCshit...anything not favouring them..they attack with reckless abandon..even if it was favouring them some previous yrs in the past..

That's good

Excellent move, the government is in the right direction on this. I support this 1000%

It's been on for too long and obviously they can't win the fight. Nigeria sha.

Meanwhile nlfpmod mynd44 which of you have been witchunting me? Use the same energy over people who come under my comment to talk rudely unprovoked.

Meanwhile I'm out on an expensive date, catch me if you can. Byeeeee

This is long overdue

Tochi3:
..when it favours them they keep quiet..when it does not they start making noise..

..all this gra gra is just because of how FUBARA is dealing with Wike..when they succeed at the Supreme jester..one day, they will still go back to that Court to overturn it...

APCshit...anything not favouring them..they attack with reckless abandon..even if it was favouring them some previous yrs in the past..

One single sense you don't have, what everybody has been praying for in Nigeria, just a little progress now you Don dey talk nonsense, are you not ashamed of yourself, try to look for a job and be productive, how much have you made today?

That's the only reason I like Tinubu, the audacity and determination for true federalism but he don fall my hands with regards to managing the economy, especially monetary policy, the security of farmers and food security.

Nice one but is it the same INEC that conduct the presidential election that FG is mandating to conduct the LGA elections? Then the status quo should continue instead.

Good step by the FG. Men like Gbajue didn't hold a local government election till his tenure was about to end

Racoon:
Nice one but is it the same INEC that conduct the presidential election that FG is mandating to conduct the LGA elections? Then the status quo should continue instead.

INEC is not in charge of holding local government elections.

Elections held by INEC is better than local government elections held by state electoral bodies.

Including ALEX OTTI the labour party governor of abia state

Fubara take note.

Georgry:


One single sense you don't have, what everybody has been praying for in Nigeria, just a little progress now you Don dey talk nonsense, are you not ashamed of yourself, try to look for a job and be productive, how much have you made today?

..

WRONG. LGAS ARE THE GRASSROOTS OF TRADITIONAL RULERS AND THE GOVERNMENT OF THE STATES .
LGAS REPORT THEIR BUDGETS AND PLANNING THROUGH TRADITIONAL RULERS TO STATE GOVERNORS

WRONG. LGAS ARE THE GRASSROOTS OF TRADITIONAL RULERS AND THE GOVERNMENT OF THE STATES .
LGAS REPORT THEIR BUDGETS AND PLANNING THROUGH TRADITIONAL RULERS TO STATE GOVERNORS

Orisa37
STATE GOVERNORS ARE ADMINISTRATIVE CONTROLLERS OF THEIR RESPECTIVE STATES.

WRONG. LGAS ARE THE GRASSROOTS OF TRADITIONAL RULERS AND THE GOVERNMENT OF THE STATES .
LGAS REPORT THEIR BUDGETS AND PLANNING THROUGH TRADITIONAL RULERS TO STATE GOVERNORS

Orisa37
STATE GOVERNORS ARE ADMINISTRATIVE CONTROLLERS AND DIRECTOR GENERALS OF THEIR RESPECTIVE STATES.

Excellent move

Tochi3:
..when it favours them they keep quiet..when it does not they start making noise..

..all this gra gra is just because of how FUBARA is dealing with Wike..when they succeed at the Supreme jester..one day, they will still go back to that Court to overturn it...

APCshit...anything not favouring them..they attack with reckless abandon..even if it was favouring them some previous yrs in the past..

If you are not mentally unstable, you will know that Tinubu has been fighting for TRUE federalism and independence of LGA since he was Lagos governor.

Can Sim Fubara dissolve LGA in Rivers if Tinubu wants them to remain at all cost? If Tinubu withdrawal the federal security agents that are protecting Sim Fubara, won't LGA Chairmen beat Fubara to death and use his head to play football and his organs for rituals? Sim Fubara is still there on seat because he is not fighting Tinubu and he has been respecting Tinubu in all his speeches, if not, it's just a phone call to Police I.G. to withdraw Fubara's security, that is the end of his 4 years tenure

Georgry:


One single sense you don't have, what everybody has been praying for in Nigeria, just a little progress now you Don dey talk nonsense, are you not ashamed of yourself, try to look for a job and be productive, how much have you made today?

What job can a primary school dropout get?

Iamanoited:
WRONG. LGAS ARE THE GRASSROOTS OF TRADITIONAL RULERS AND THE GOVERNMENT OF THE STATES .
LGAS REPORT THEIR BUDGETS AND PLANNING THROUGH TRADITIONAL RULERS TO STATE GOVERNORS

Orisa37
STATE GOVERNORS ARE ADMINISTRATIVE CONTROLLERS OF THEIR RESPECTIVE STATES.

Whatever you have just started smoking, stop it before it stops you. Definitely what you are smoking is a mixture of brain damaging substances, not just one substance, but a mixture of slow killing substances

That's good

Lolz

Joint accounnt is a constitutional matter

They will need to amend that section of the constitution

Lawless corn 🌽🌲

LadyExcellency:
That's the only reason I like Tinubu, the audacity and determination for true federalism but he don fall my hands with regards to managing the economy, especially monetary policy, the security of farmers and food security.

This isn't the main aspect of true federalism we yearn for, this is just to help enshrine the spirit of sharing and continuous sharing instead of encouraging the federating units to become competitive in order for each to strive independently of the center, that's true federal systems and not this sharing formula system.

Kudos to Tinubu on this one.

Long overdue!

simpleseyi:


If you are not mentally unstable, you will know that Tinubu has been fighting for TRUE federalism and independence of LGA since he was Lagos governor.

Can Sim Fubara dissolve LGA in Rivers if Tinubu wants them to remain at all cost? If Tinubu withdrawal the federal security agents that are protecting Sim Fubara, won't LGA Chairmen beat Fubara to death and use his head to play football and his organs for rituals? Sim Fubara is still there on seat because he is not fighting Tinubu and he has been respecting Tinubu in all his speeches, if not, it's just a phone call to Police I.G. to withdraw Fubara's security, that is the end of his 4 years tenure

But Tinubu is now asking the court to allow him withhold LG funds. Same thing OBJ did and he wailed against then....

richidinho:
Lolz

Joint accounnt is a constitutional matter

They will need to amend that section of the constitution

Yeah. Section 162(5&6)

Wike is beginning to look desperate

First he orchestrated PDP to deny that the lawmakers defected

Now he's asking SC to declare JAAC illegal and give FG right to withhold LG funds. How does that improve autonomy of LGs?

At the best, the secretaries of the LGs can hold forth pending when elections are held. But to ask the SC to give LG chairs extra day in office before statutory 3yrs is total bollocks

LadyExcellency:
That's the only reason I like Tinubu, the audacity and determination for true federalism but he don fall my hands with regards to managing the economy, especially monetary policy, the security of farmers and food security.

Ait one.place Mr man...tinubu himself sued FG against what he now sues dem for now