By Milcah Tanimu

The Supreme Court of Nigeria has reserved its judgment in the case filed by the Attorney General of the Federation (AGF) on behalf of the Federal Government, which addresses the issue of local government autonomy. This legal action, initiated against several state governments, seeks to ensure the independence of local governments across the nation.

A seven-member panel, led by Justice Mohammed Lawal Garba, announced that the date for the judgment will be communicated to all involved parties and their legal representatives.

The Supreme Court also denied the request to include the State Houses of Assembly as defendants in this case. The court ruled that the State Houses of Assembly have no legal standing or jurisdictional relevance in this matter.

The AGF, Prince Lateef Fagbemi, SAN, acting on behalf of the Federal Government, brought the suit against the governors of all 36 states, advocating for full autonomy for the 774 local governments in Nigeria. The suit, marked SC/CV/343/2024, seeks an order from the Supreme Court to prevent state governors from unlawfully dissolving democratically elected local government councils.

In his submission, the AGF requested the Supreme Court to direct that funds allocated to local governments be transferred directly from the Federation Account, in accordance with constitutional provisions, bypassing the allegedly illegal joint accounts established by the governors. Additionally, the AGF sought an order to stop governors from appointing committees to manage local government affairs, insisting on maintaining the constitutionally recognized and guaranteed democratic system.

The Federal Government also requested that the governors, along with their agents and representatives, be prohibited from accessing, spending, or managing funds intended for local governments from the Federation Account, particularly in the absence of democratically elected local government systems.

The case is based on 27 grounds, emphasizing that Nigeria’s federal structure, as outlined in the 1999 Constitution, mandates the President to uphold and implement constitutional provisions. The state governors were sued through their respective state Attorneys General.