Mohammed Shosanya
Attorney General of the Federation and Minister of Justice, Prince Lateef Fagbemi (SAN), has instituted a suit at the Supreme Court of Nigeria against Governors of the 36 States of the Federation over misconduct and maladministration of Local Government Areas.
The Governors were sued through their respective State Attorneys General.
The suit is predictated on 27 grounds among which are that the Nigeria Federation is a creation of the 1999 Constitution with President as Head of the Federal Executive arm of the Federation and has sworn to uphold and give effects to the provisions of the Constitution.
Fagbemi is asking the apex court to invoke sections 1, 4, 5, 7 and 14 of the Constitution to declare that the State Governors and State Houses of Assembly are under obligation to ensure democratically system at the third tier of government in Nigeria and to also invoke the same sections to hold that the governors cannot lawfully dissolve democratically elected local government coincils.
The originating summon was accompanied by a 13-paragragh affidavit deposed to by one Kelechi Ohaeri, from the Federal Ministry of Justice.
The deponent averred that the AGF drew out the suit against the Governors under the original jurisdiction of the Supreme Court on behalf of the Federal Government.
Oraeri stated that local government system recognized by the Constitution is a democratically elected local government councils and that the amount due to local government councils from the federation account is to be paid to local government system recognized by the Constitution.
The deponent said the AGF has the locus standi to file the case because the issue of autonomy for local governments in Nigeria is of national importance to Nigerians.
Specifically,the AGF is seeking full autonomy for Local Governments Areas as third tiers of government in the country.
By the suit marked SC/CV/343/2024, the Federal Government wants an order of the Supreme Court restraining Governors from constituting Caretaker Committees to run the affairs of local governments as against the constitutionally recognized and guaranteed democratically system.
The AGF is also praying the apex court to prohibit State Governors from “unilateral, arbitrary and unlawful” dissolution of democratically elected local government chairmen for local government administration.
In the originating summons personally signed by the AGF, the FG wants the Supreme Court to grant an order permitting the funds standing in the credits of local governments to be directly channelled to them from the Federation Account in accordance with the provisions of the constitution as against the alleged unlawful joint accounts created by governors.
Besides,the AGF asked the court for an injunctive order restraining the 36 States Governors, their agents and privies from receiving, spending or tampering with funds released from the federation account for the benefits of local governments when no democratically elected local government system is put in place in the states.
The AGF also prayed for invocation of sections 1, 4, 5, 7 and 14 of the Constitution to declare that dissolution of democratically elected Local Government Councils by the Governors or anyone using the State powers derivable from laws enacted by the State Houses of Assembly or any executive order is unlawful, unconstitutional,null and void.
