President Tinubu, his successor, sought to combat the problem constitutionally by suing the governors. The Attorney General and Justice Minister, Lateef Fagbemi, approached the Supreme Court in May, seeking to compel the governors of the 36 federating states to grant full autonomy to local governments in their domains in a suit marked SC/CV/343/2024.

The suit, anchored on 27 grounds, accused the state governors of gross misconduct and abuse of power. He prayed that the Supreme Court would make an order stating that funds standing to the credit of local governments from the Federation Account should be paid directly to the local governments rather than through the state governments. 

The justice minister also requested an order restraining 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 court granted his prayers in the landmark ruling of July 11. 

President Tinubu has always been concerned about the lack of governance at the grassroots. He believes that without fixing the problems at the councils, the objective of developing the country and spreading prosperity to the 200 million people will never be achieved. After all, the councils where the 200 million people live have been financially handicapped by the governors.

He made the point clearly when he met in Abuja with the leaders of the Arewa Consultative Forum on May 30, about the same period when the Justice Minister approached the Supreme Court for the correct interpretation of Section 162.   

President Tinubu, responding to the ACF’s demands for more roles by the Federal Government, urged the leaders to summon the governors. He said Nigeria, as a constitutional democracy, has not allowed the councils where we all live to flourish, citing the absurdity of politicians going to the locals for votes only to abandon them and leave for the capitals and Abuja after winning their votes. 

As Nigerians celebrate the historic judgment, it is clear that some work still needs to be done to bring life back to the councils. One issue being raised is how to ensure that the council elections are truly competitive and not predetermined by the governors and the state independent electoral commissions.

To solve this, some Nigerians have urged the National Assembly to pass a law that will require only the central Independent National Electoral Commission to conduct council elections. 

The other problematic issue is the fear that governors will not allow the Supreme Court ruling to affect their domains, as they can always order the councils to send the money received from the Federal Accounts Allocation Committee back to the state coffers. Again, a solution to this possible abuse has been proffered. The EFCC, ICPC, and NFIU should prevent this by monitoring the councils’ accounts.

While the governors enjoy immunity to cover their actions, the council chairmen and councillors do not have such cover as they can be arrested, tried, and jailed. The threat of arrest and prosecution can deter local political actors from collaborating with the governors. 

In conclusion, while Nigerians await the full implementation of the Supreme Court verdict, one needs to appeal to the powerful governors to allow the councils to breathe. It is in the interest of the states to allow the blossoming of the third tier of government as it was before 1999. 

Here are some of the benefits that the states should not let slip away: 

First, local governments will now have more control over their finances, which could lead to improved service delivery and governance at the grassroots level. Second, with greater financial autonomy, local governments can provide better services to their constituents, such as healthcare, education, and infrastructure development. This will reduce the pressure on the state government from the people expecting such minimal provisions. 

Third, the judgment could lead to greater accountability and transparency in local government administration. As President Tinubu remarked after the landmark ruling, “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 benefiting 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 this judgment, our people, especially the poor, can hold their local leaders accountable for their actions and inactions. What is sent to local government accounts will be known, and services must now be provided without excuses.”

Concluded.

Onanuga is Special Adviser on Information and Strategy to President Tinubu.