Supreme Court judges
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The Supreme Court has barred governors from dissolving democratically elected local government councils.
The court ruled in a landmark judgement on Thursday, July 11, 2024, doing so amounts to a breach of the 1999 Constitution.
The apex court said the defendants (governors) just wasted their time in the suit.
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In the suit filed by the Attorney General of the Federation (AGF), the Federal Government sought an order preventing the governors from arbitrarily dissolving democratically elected councils. The suit by the AGF was on 27 grounds.
The 36 state governors, defendants in the suit, opposed the AGF for instituting the case.
The Supreme Court, however, said the defendants (governors) just wasted their time in the suit.
The highest court of the land also granted financial autonomy to the 774 local government councils in the country.
In its lead judgement read by Justice Emmanuel Agim, the apex court scolded governors for their decades-long refusal of autonomy for local governments.
Justice Agim noted that the 774 local government councils in the country should manage their funds themselves.
He dismissed the preliminary objections of the defendants (state governors).
The apex court directed that Local Government allocations from the Federation Account should be paid directly to them henceforth, and not to state government coffers.
Struggle for LG autonomy
There are 774 local government areas in the country but the efficiency of the third tier of government has been hampered by the weight of some controlling and overbearing governors who have been accused of mismanaging funds meant for the administration of local governments.
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In the last few months, calls for local government autonomy have increased in Nigeria. President Bola Tinubu also supported the calls. In May, the Federal Government, through the Attorney-General of the Federation (AGF), Lateef Fagbemi, sued the 36 state governors over alleged misconduct of local government funds.
Currently, the Federal Government gets 52.68%, and states get 26.72%. In comparison, LGs get 20.60% of the country’s monthly revenue allocated by the Revenue Mobilisation Allocation and Fiscal Commission (RMAFC) which operates under the Presidency, and disbursed by the Federation Account Allocation Committee (FAAC).
Interestingly, LG funds are paid into a joint account operated by state governments and local governments in their domains.
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In the suit filed by AGF, the Federal Government sought an order preventing the governors from arbitrarily dissolving democratically elected councils. The suit by the AGF was on 27 grounds.
The 36 state governors, who are defendants in the suit, opposed the AGF for instituting the case.
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