BY ANTHONY OCHELA, ABUJA
Supreme Court yesterday ruled that the Federal Government should pay any money standing to the credit of the Local Governments in the Federation directly to the Local Government Councils managed by democratically elected officials.
In a lead judgment by Justice Emmanuel Agim, the Supreme Court also held that it is unconstitutional for State Governments to retain and use allocation meant for the LGAs on their behalf without transferring same to them as provided in Section 162(3) of the Constitution.
The apex court made the pronouncements in its judgment 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, seeking full autonomy for all LGAs in the country as the third tier of government.
Justice Emmanuel Agim, emphasized that the practice of governors managing local government funds contravene financial autonomy rights of local governments and has persisted for over two decades.
Justice Agim dismissed objections by the states regarding jurisdiction saying the 1999 Constitution(as amended) confers jurisdiction on the Supreme Court to adjudicate in matters or disputes between the Federation and the states and described objections to the suit as frivolous and incompetent.
On whether the Federation can pay funds standing to the credit of Local Government Councils directly to them, Justice Agim said the Constitution did not intend that states control Local Government funds.
Justice Agim noted that prior to the 1999 Constitution, the 774 local government councils collect their allocations directly from the Federation Account and that it was for convenience and ease of processes that the States were asked to collect it for onward transmission to the Local Government Councils and pass it on to Local Governments Councils.
Agim said “I hold that the federation can pay directly to them since paying through states has not worked”.
The Judge said, ” States in abuse of their powers has continued to work against the democratically elected local governments Chairmen”.
The court further declared that a state government has no power to appoint a caretaker committee and a local government council is only recognisable with a democratically elected government.
“A democratically elected local government is sacrosanct and non-negotiable”, the court said.
The court ruled that state governments are perpetuating a dangerous trend by refusing to allow democratically elected local government councils to function, instead had been appointing their loyalists who can only be removed by them.
Sequel to the judgment, President Bola Tinubu, said that he welcomes the decision of the Supreme Court of affirming the spirit, intent, and purpose of the Constitution of the Federal Republic of Nigeria on the statutory rights of local governments.
Tinubu, in a Press release by the Special Adviser to the President, Media & Publicity, Chief Ajuri Ngelale, noted that “a fundamental challenge to the nation’s advancement over the years has been ineffective local government administration, as governance at the critical cellular level of socio-political configuration is nearly absent”.
He also emphasised that the onus is now on local council leaders to ensure that the broad spectrum of Nigerians living at that level are satisfied that they are benefitting from people-oriented service delivery.
“The Renewed Hope Agenda is about the people of this country, at all levels, irrespective of faith, tribe, gender, political affiliation, or any other artificial line they say exists between us. This country belongs to all of us. By virtue of this judgement, our people – especially the poor – will be able to hold their local leaders to account for their actions and inactions. What is sent to local government accounts will be known, and services must now be provided without excuses.
“My administration instituted this suit because of our unwavering belief that our people must have relief and today’s judgement will ensure that it will be only those local officials elected by the people that will control the resources of the people. This judgement stands as a resounding affirmation that we can use legitimate means of redress to restructure our country and restructure our economy to make Nigeria a better place to live in and a fairer society for all of our people”. President said.
Furthermore, Tinubu noted that the provision of some essential amenities and public goods, such as the construction and maintenance of certain roads, streets, street lighting, drains, parks, gardens, open spaces, and other residual responsibilities, including community security, has tottered owing to the emasculation of local governments.
The decision of the Supreme Court to uphold the constitutional rights and ideals of local governments as regards financial autonomy, and other salient principles, is of historic significance and further reinforces the effort to enhance Nigeria’s true federal fabric for the development of the entire nation, he affirmed.
Tinubu, then commended the Attorney-General of the Federation and Minister of Justice, Mr. Lateef Fagbemi (SAN) for his diligence and patriotic effort on this important assignment.
The President stated that his administration remains committed to protecting the principles of the charter governing citizens, institutions of government, arms, and tiers of government in furtherance of building an efficient and performance-driven governance system that works for every Nigerian.
However, reactions have trailed the Judgement of the apex court of Nigeria. With this judgement, the LGs are now emancipated and are the one asking critical questions. Many people have raised the alarm to the Federal government Even there are provisions of the Constitution on which the governor and general government
