Battle for Local Government Autonomy: States Take on FG in Supreme Court

The Supreme Court is set to hear objections from the Attorneys-General of the 36 states to the Federal Government’s lawsuit regarding local government funds. The case, initiated by Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi (SAN), seeks full autonomy for local government councils across the country.

Zubairu Umar, Gombe State’s Commissioner for Justice and Attorney General, confirmed in an interview with The Punch that the states are challenging the Supreme Court’s jurisdiction over the matter. The hearing is scheduled to commence on Thursday, June 13, 2024.

A seven-man panel led by Justice Garba Lawal had previously given state attorneys-general, who are the defendants, seven days to submit their defense. The court also directed the AGF to respond to the governors’ defenses within two days.

The Federal Government’s suit aims to prevent state governors from unlawfully dissolving democratically elected local government leaders and seeks an order for local government allocations to be paid directly from the Federation Account.

However, the states argue that the Supreme Court lacks the jurisdiction to hear the case. They assert that local government autonomy is already in practice in some states, and that the Federal Government’s suit misconstrues constitutional provisions.

The Kwara State government, for instance, contends that the reliefs sought by the Federal Government would harm local communities. In their objection, Kwara’s Attorney-General Senior Ibrahim-Sulyman referenced a previous Supreme Court decision which states that local government funds must be allocated through state accounts.

Similarly, Ogun State and Ondo State, among others, have filed objections on grounds of jurisdiction and procedural issues. They argue that the Federal Government lacks the authority to bypass the legislative process and directly allocate funds to local governments.

Former INEC National Commissioner Prof. Lai Olurode has commended the Federal Government’s move to seek judicial resolution, stating it could ensure local governments receive funds directly and operate independently.

The hearing on these preliminary objections will be crucial in determining the future of local government administration and financial autonomy in Nigeria.