…adjourns case to June 13
Legal fireworks continued at the Supreme Court of Nigeria yesterday on the case instituted by the Federal Government of Nigeria against the 36 sub-national governments towards granting full autonomy to the 774 local government areas in the country. This is as the apex court ordered the 36 states of the federation to file their defence within seven days in respect of the case before it.
The apex court mandated attorneys-general of the 36 states to complete the processes of filling their defence before June 13, 2024, which is the date set aside for the continuation of the hearing of the case.
Currently, there are 774 local government areas in the federation which are expected to serve as the third tier of government in Nigeria. By virtue of the Nigerian constitution, a local government council is permitted to facilitate these programmes which are pre-school, primary and adult education, provision of primary health care, town and regional planning, refuse collection and disposal, environmental protection, tourism, slaughterhouses, sports and leisure facilities, promotion of artisanal, technical and entrepreneurship skills among others.
It would be recalled that the Federal Government sued the 36 states of the federation on local government autonomy through a suit with reference number SC/CV/343/2024 at the apex court in the country. The FG is praying the court to issue an order that will prohibit state governors from embarking on unilateral, arbitrary and unlawful dissolution of democratically elected local government officials. The states were sued through their respective attorneys-general.
In addition, the Federal Government, through Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi prayed the Supreme Court for an order that funds meant for local government councils in the country are channeled to them directly in contrast to the current practice of having joint accounts with the state governments.
For state governments that refuse to organise elections into local government councils, such governors should be prevented from tampering with funds meant for local government areas in their states until democratically elected local government executives are inaugurated.
At the resumed hearing yesterday, the Supreme Court mandated the eight states whose attorneys-general were not represented to be served with fresh notice. The states are Borno State from the north east; Kano and Sokoto states from the north west; Kogi and Niger states from the north central, as well as Ogun, Osun and Oyo states from the south west.
Last December, the Nigerian Senate raised the possibility of stopping the funding of local government councils without democratically elected chairmen and councilors. The move followed the dissolution of democratically elected local government executives in Benue State, north central Nigeria, emphasising the section of the Nigerian constitution which stipulates that “Section (1) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) guarantees a system of local government by democratically elected councils.”
According to a report published in March 2024 titled, “State of Local Government Elections in Nigeria: An Overview” by Yiaga Africa, the 774 local government areas in the country are classified into four groups. Yiaga Africa is a think tank group for the promotion of democracy, governance and development in Africa.
The first group comprises those that have elected chairmen and councilors.
The second group is classified as those having caretaker committees. The third group has state principal officers as LGA administrators. These states are Bauchi, Adamawa, Enugu and Kano.
The fourth group is categorized as those with transition committees. These states are Kwara, Imo, Akwa Ibom and Plateau.
Going forward, Yiaga Africa suggests that while it is good to decentralise, which explains the need for democratically elected officials at the local government councils, the central government must be committed to allocate resources to local councils, to fast track grassroot development.
The body also suggested that LGAs must be opened to scrutiny, thus asked civil rights organisations in Nigeria to help develop robust accountability mechanisms for local council areas.
“Local government administration in Nigeria must be transparent and open to scrutiny. There is, therefore, the need for civil society to constantly demand transparency and accountability from local council officials.
