FG sues state governors, seeks full autonomy for LGs

The FG has specifically requested the apex court to issue an order prohibiting state governors from unilaterally, arbitrarily, and unlawfully dissolving democratically elected local government leaders.

Additionally, the FG has requested an order allowing funds credited to local governments to be directly channelled to them from the Federation Account, in line with the Constitution, rather than the allegedly unlawful joint accounts created by governors.

The FG also seeks an order stopping governors from constituting Caretaker Committees to run the affairs of local governments, which is against the Constitutionally recognized and guaranteed democratic system.

It has sought an injunction restraining the governors, their agents, and privies from receiving, spending, or tampering with funds released from the Federation Account for the benefit of local governments when no democratically elected local government system is in place in the states.

The governors of the 36 states were sued through their respective Attorneys General.

In the 27 grounds listed in support of the suit, the FG argued that Nigeria, as a federation, was created by the 1999 Constitution, as amended, with the President as the head of the Federal Executive Arm sworn to uphold and give effect to the Constitution’s provisions.
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, the FG has prayed the Supreme Court to invoke sections 1, 4, 5, 7, and 14 of the Constitution to declare that state governors and State Houses of Assembly are obligated to ensure a democratic system at the third tier of government in Nigeria. It also asked the court to hold that the governors cannot lawfully dissolve democratically elected local government councils.

The FG requested the invocation of sections 1, 4, 5, 7, and 14 of the Constitution to declare that the dissolution of democratically elected local government councils by the governors or anyone using state powers derived from laws enacted by the State Houses of Assembly or any Executive Order is unlawful, unconstitutional, null, and void.

In a 13-paragraph affidavit deposed by 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 the local government system recognized by the Constitution is a democratically elected local government council, adding that the amount due to local government councils from the Federation Account is to be paid to the local government system recognized by the Constitution.

The FG said it would, in the course of the hearing, tender various online publications to justify the national importance and public interest in granting autonomy to LGAs in the country.

Meanwhile, the Supreme Court has fixed May 30 to hear the suit.