By Akinsuroju Olubunmi
Supreme Court grants LG autonomy
The Supreme Court declared on Thursday that it is unconstitutional for state governors to withhold funds allocated for local government administrations.
The seven-man panel, led by Justice Emmanuel Agim, ruled that the 774 local government councils in Nigeria should manage their funds independently. The court emphasized that governmental power is divided into three arms: federal, state, and local government.
“A democratically elected local government is sacrosanct and non-negotiable,” the court stated. The ruling further condemned the use of caretaker committees by state governments, asserting that only democratically elected local government councils are recognized by the 1999 Constitution.
Justice Agim declared, “The state’s retention of local government funds is unconstitutional. Local government allocations should be paid directly to the LGs.” He also highlighted that anything other than direct payments would be considered gross misconduct.
The ruling included several declarations, such as the state government having no control over local government funds and the local government councils being entitled to their allocated funds. The court issued an injunction preventing state governments from spending local government allocations.
The Attorney General of the Federation, Lateef Fagbemi (SAN), had filed a lawsuit seeking to grant full autonomy and direct funding to all 774 local government councils. The federal government argued that the unilateral dissolution of democratically elected local government leaders by state governors was unconstitutional.
State governments countered that the Supreme Court lacked jurisdiction and that the AGF did not have the standing to bring the suit. However, Justice Agim affirmed that the AGF has the legal authority to initiate the lawsuit and upheld the constitution.
In conclusion, the court’s ruling aims to ensure that local government councils receive and manage their funds without interference from state governments, reinforcing the autonomy and democratic structure of local governance.
Supreme Court Grants LG Autonomy