The Federal Government has filed a lawsuit against the 36 state governors at the Supreme Court, challenging the unlawful dissolution of elected local government chairmen. The Attorney General of the Federation, Mr. Lateef Fagbemi, initiated the legal action to seek full autonomy for local governments as the constitutionally recognized third tier of government.
In suit SC/CV/343/2024, Fagbemi requests the Supreme Court to prohibit state governors from unilaterally and arbitrarily dissolving democratically elected local government leaders. He argues that this move aims to protect local governments from state-level abuses.
The lawsuit is built on 27 grounds, emphasizing that the Nigerian Federation, established by the 1999 Constitution, mandates the President to uphold constitutional provisions. The AGF seeks an order directing funds allocated to local governments from the federation account to be transferred directly to them, bypassing the allegedly unlawful joint accounts set up by state governors.
Fagbemi also seeks an injunction to prevent governors from forming caretaker committees to manage local governments, insisting on the constitutionally guaranteed system of democratically elected councils. He calls for the Supreme Court to affirm that governors and State Houses of Assembly are obligated to maintain democratic governance at the local government level.
The suit is supported by a 13-paragraph affidavit from Kelechi Ohaeri of the Federal Ministry of Justice. The affidavit asserts that the constitution recognizes only democratically elected local councils, and funds should be disbursed accordingly.
Other key points include the constitutional mandate for federal, state, and local governments to draw funds from the Federation Account and the requirement for democratically elected local government systems. The lawsuit argues that the governors’ failure to establish such systems subverts the 1999 Constitution.
The Supreme Court has scheduled the hearing for Thursday, May 30.
Comments