Don’t Steal LG Funds,AGF Warns Govs

2 months ago
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     Mohammed Shosanya

Attorney General of the Federation (AGF) and Minister of Justice, Prince Lateef Fagbemi, (SAN),has warned State Governors to resist the temptation of tampering with funds accruable to their various Local Government Areas from the Federation allocation account.

He told the governors that doing so will make them guilty of gross mis-conduct, which is an impeachable offence.

He spoke in Abuja on Thursday, at the 2024 national conference of the National Association of Judiciary Correspondents (NAJUC), Abuja chapter.

In a paper titled, “Aftermath of Supreme Court judgment on Local Government financial autonomy: what next?” Fagbemi disclosed that “By the July 11, 2024 judgement of the Supreme Court, which granted financial autonomy to LGAs in the country, any governor who tampers with the finances of the LGAs in his State is seen to have committed a gross-mis-conduct, which is an impeachable offence”.

He stated that if any local government chairman chooses to misappropriate public funds and fail to deliver on his or her constitutional mandates, such local government chairman risk going to jail.

He reminded the 774 local government chairmen in the country that they do not have immunity like State governors, and therefore cautioned them to be wary of Governors with overbearing influence on local government officials.

Any debt incurred by governors, in relation to the official function of state government according to the AGF, must be handled by the state.

He said any such debt should not be shared with the local government areas, as such projects are not the constitutional responsibilities of local governments.

He highlighted the critical role local governments play in delivering grassroots development, and therefore advised council chairmen and other officials to prioritize their constitutional duties.

“Primary education must be accessible to every child. Pregnant women and infants must receive quality healthcare, and the vulnerable in the society must benefit from sustainable welfare programmes,” Fagbemi stated.

He noted that the financial autonomy granted to local governments by the Supreme Court was designed to bring democratic governance closer to the rural populace and to empower them to carry out their responsibilities effectively.

He commended President Bola Tinubu’s administration for its commitment towards strengthening governance structures at all levels and urged local government officials to embrace transparency.

He warned that the era of impunity was over.

He appealed to media practitioners to ensure accurate and responsible reportage of issues relating to governance and judicial proceedings.

“Good governance is a collaborative effort, and every tier of government must be held accountable” Fagbemi said.

Speaking,the Chief Justice of Nigeria (CJN),  Justice Kudirat Kekere-Ekun, said the judiciary and the media occupy unique and complementary roles in the development of the society.

Justice Kekere-Ekun said the media is charged with the responsibility of informing the public about judicial activities and that, the judiciary relies on accurate and ethical reportage to enhance public confidence in its work.

The CJN described the media as a critical partner of the judiciary in advancing democracy.

Represented by the Secretary of the National Judicial Institute (NJI), Mr. Abdullaziz Olumo, the CJN said the judiciary serves as the guardian of justice, equity and the rule of law, the media act as the conscience of the society, dissenting information shaping public opinion and ensuring accountability.

Justice Kekere-Ekun made reference to the landmark U.S. case of Sheppard v. Maxwell (1954), where excessive media interference led to the overturning of a conviction due to the denial of a fair trial.

She expressed concern over sensationalism in news reporting, which she said distorts facts and undermines public confidence in the judiciary.

“Trial by media,” where premature narratives prejudge cases, sometimes infringing on constitutional rights are dangerous and should be jettisoned, the CJN said.

The keynote speaker, Prof. Mike Ozekhome(SAN),said the legal profession is key to the existence of a stable society and charged the judiciary to live up to expectations in ensuring that their judgements reflect justice and not on technicalities.

He said, the courts hold the balance of scale between feuding parties, otherwise, there may be chaos in the country and added that, the court is critical in ensuring that judgements are enforced and complied with.

Speaking on the theme of the conference, “The role of courts in enforcement of judgements”, the professor of law said, judgment of court must be obeyed until set aside by a higher court.

Ozekhome warned lawyers against meeting Judges behind to ask for help in cases before them, saying lawyers are supposed to argue their case in court, even as he admonished judges to allow lawyers to argue their cases in court.

“Lawyers should be allowed to draw the attention of Judges to salient points in their processes instead of asking them to just adopt their processes without an opportunity to adumbrate”, the senior advocate said.

He also advised judges to avoid  attending occasions organised by politically exposed persons with cases before them and also cautioned judges to eschew corruption no matter how they are roped in beautiful garments.

Worried by the way and manner judges are castigated, Ozekhome said the judiciary must rescue itself to avoid perception to hold its sway.

According to him, the time has now come for Judges to form an association so that, they can defend themselves in some of the unfounded allegations leveled against them.

Earlier in his welcome address, Chairman of the judiciary correspondents, Abuja chapter, Mr Kayode Lawal stated that the Supreme Court judgment on Local government financial autonomy was “incisive and well researched”‘ which has brought a new lease of life to local governments in the country.

The NAJUC chairman said, the  theme of the conference, along with other sub-themes, were carefully chosen as Nigerians are expecting a turn around from the outcome of the Supreme Court judgment.

“More worrisome is the fact that there is the general perception that public confidence in the nation’s justice delivery has continued to wane in view of some untoward conduct of lawyers and judges.

The general belief has,however, been that genuine radical steps have to be taken to reverse the ugly trend and called on the current leadership of the Nigerian Bar Association (NBA) under Mazi Afam Osigwe, SAN, to look at the direction of sanitizing the practice of law in thw country, adding that, the roles of the judiciary are so sensitive that the institution must not be allowed to be polluted.

He lamented the ugly trend of conflicting judgments and orders on virtually the same issues and same parties by courts of coordinate jurisdictions and added that, it is worrisome, sad and regrettable that the ugly development has continued unhindered in spite of warnings from several quarters.

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