Council autonomy: S’Court fixes May 30 to hear FG’s suit against state govs

3 weeks ago
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Supreme Court

The Supreme Court has fixed Thursday, May 30, to begin hearing on a suit filed by the Federal Government against the 36 governors of the federation, alleging gross abuse of local councils.

Attorney General of the Federation (AGF) and Minister of Justice, Lateef Fagbemi, instituted the action against the governors, seeking full autonomy for local councils as third tiers of government in the country.

Recall that states like Anambra, Ogun, Imo, Abia, Kwara, Lagos, Zamfara and others are yet to conduct local council polls.

The last council election in Anambra State was conducted in November 2014. In Imo, the last election was held on August 25, 2018; the first in seven years.
In Kwara, the last council election was in November 2017. Caretaker committees have been in charge since 2020.

In Zamfara, the last grassroots poll was held on April 27, 2019. The state returned to fielding appointees after the tenure of the chairmen expired.
In Abia, councils are administered by mayors, a development which is unknown to law.

In Bauchi, for 12 years (2008-2020), there were no council elections. In October 2020, a poll was held, and when the tenure of the elected executive ended in October 2022, Governor Bala Mohammed appointed a caretaker committee.

In the suit marked SC/CV/343/2024, the AGF is praying the court for an order prohibiting governors from unilaterally, arbitrarily, and unlawfully dissolving democratically elected council leaders.

Fagbemi, in the originating summons he signed, is also praying the Supreme Court for an order permitting the funds standing in the credit of local councils to be directly sent to them from the Federation Account, in line with the provisions of the constitution, as against the alleged unlawful joint accounts created by governors.

He also sought an order of the court stopping governors from constituting caretaker committees to run the affairs of councils as against the constitutionally recognised and guaranteed democratic system.

Besides, the Federal Government applied for 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 councils when no democratically elected local council system is in place.

The governors were sued through their respective state attorneys general.

Meanwhile, the Yoruba Youth Socio-Cultural Association (YYSA), yesterday, applauded the Federal Government for taking the governors to court over the matter.

National President, Olalekan Hammed, and National Secretary, Olawale Ajao, disclosed this in a statement in Ibadan.

The group said: “The Federal Government has taken a dignified, bold and laudable step by suing the 36 state governors who have enfolded subserviently the local governments that are by the constitution the third level of government, after federal and state.

“Everything becomes jeopardised when governors begin to castrate local councils that are the most impactful and closest to the masses.”

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