LG autonomy: S’Court gives 36 govs seven days for defence in FG’s suit

The Supreme Court has ordered the 36 state governors to file their defence in seven days, in the suit by the Federal Government seeking full autonomy for the 774 local councils in the country.

The apex court also ordered the Attorney General of the Federation (AGF), who filed the suit on behalf of the Federal Government, to reply to the defendants’ processes within two days upon receipt.

A seven-man panel of justices of the apex court led by Garba Lawal issued the order, yesterday, while ruling on an application filed by the AGF seeking abridgment of time in the filing and exchange of processes in the matter.

The AGF, Lateef Fagbemi (SAN), requested the court to order the defendants to file their defence within five days, given the urgency of the matter.

Chairman, the body of attorneys-general of the states of the federation, Ben Odoh, who is also the Attorney General of Ebonyi, did not object to the request for abridgment of time, but requested that they be given 15 days as against the five days proposed by the AGF.

In his ruling, Justice Lawal said the court’s decision was predicated on the national importance, urgency of the suit and the non-objection from the 36 states’ attorneys general.

The apex court held that filing of all processes and exchanging of same must be completed within the time and subsequently fixed June 13, 2024, for the hearing of the suit.

At yesterday’s proceedings, the attorneys-general of Borno, Kano, Kogi, Niger, Ogun, Osun, Oyo, and Sokoto states were neither present in person nor represented, despite the hearing notice served to them. Also, there was no explanation from them.

The panel ordered that the eight absentee states be served with a fresh hearing notice for the next adjourned date of June 13.

Fagbemi, on behalf of the Federal Government, instituted the court action against the governors, primarily seeking full autonomy for local councils as third tiers of government in the country.

In the suit marked SC/CV/343/2024, the AGF is praying the apex court for an order prohibiting state governors from unilateral, arbitrary and unlawful dissolution of democratically-elected local council leaders.

The Chief Law Officer of the Federation, in the originating summons he signed, is also praying the Supreme Court for an order permitting the funds standing in the credits of local councils to be directly channelled 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 wants the apex court to make an order stopping governors from constituting caretaker committees to run the affairs of local councils as against the constitutionally-recognised and guaranteed democratic system.

The Federal Government further applied for an order of injunction restraining the governors, their agents and privies from receiving, spending, or tampering with funds from the Federation Account for the benefit of local councils when no democratically-elected local government system is put in place in the states.

Governors were sued through their respective State Attorneys-general in the suit predicted on 27 grounds.