By Milcah Tanimu

The Kwara State Government has petitioned the Supreme Court to dismiss the Federal Government’s suit advocating for full autonomy for Nigeria’s 774 Local Government (LG) Councils. The state argues that granting such autonomy could exacerbate the poverty of many Nigerians residing in local government areas.

In a legal filing at the apex court, the Kwara Attorney-General and Commissioner for Justice, Senior Ibrahim-Sulyman, contended that the reliefs sought by the federal government would harm the poorest citizens. The state’s counter affidavit to the federal government’s originating summons was obtained on Tuesday in Abuja.

The Kwara Attorney-General asked the Supreme Court to reject the federal government’s suit and its requested reliefs in the interest of justice. This legal battle follows the federal government’s suit against the Attorney General of the 36 states over alleged misconduct in local government administration.

The Attorney General of the Federation (AGF) and Minister of Justice, Lateef Fagbemi (SAN), filed the suit seeking full autonomy for local government councils. The federal government asked the court to prohibit state governors from unlawfully dissolving democratically elected local government leaders. Fagbemi also requested an order to allow direct payment of monthly LG allocations from the Federation Account, bypassing the allegedly unlawful joint accounts created by state governors.

The Kwara AG, as the 23rd defendant, countered that the federal government’s stance on joint accounts is flawed and contradicts Sections 162 (6) and (8) of the Constitution. These sections mandate that funds meant for local governments be allocated to the state and then distributed to LGs as prescribed by the state’s House of Assembly.

Ibrahim-Sulyman referenced a previous Supreme Court judgment in a similar case between Abia State and the Attorney General of the Federation, delivered by the late Justice Nikki Tobi. The court ruled that direct allocation of funds to local governments by the National Assembly is invalid; instead, funds must be allocated to the state for distribution to LGs.

He argued that the federal government is overstepping its role by attempting to perform legislative functions and should instead sponsor a Bill for constitutional amendment. Ibrahim-Sulyman maintained that Kwara State has consistently disbursed funds to local governments and has not obstructed local democracy.

He noted that the state’s local government elections were delayed due to litigation over the tenure of the Kwara State Independent Electoral Commission but are scheduled for September 21, 2024. Moreover, he asserted that the federal government lacks the authority to withhold funds meant for local governments, citing a precedent from a case between Lagos State and the AGF during Tinubu’s governorship and Obasanjo’s presidency.

The Kwara AG urged the Supreme Court to affirm that the federal government cannot constitutionally withhold, redirect, or stop statutory allocations intended for local government councils in Kwara State.