LG Autonomy: Historic Supreme Court Ruling Lauded, Sparks Anxiety in Anambra, Abia, 19 Other States

Following a landmark judgment by the Supreme Court, tension has risen in at least 21 states across Nigeria. The court’s ruling halted allocations to non-democratically elected local government chairmen, marking a significant victory for local government autonomy.

On Thursday, the Supreme Court’s decision affirmed the autonomy of the 774 local governments in Nigeria, ending years of state governor control and abuse. The court ordered that funds from the federation account be directly transferred to local government bank accounts, prohibiting governors and their associates from tampering with these funds.

Justice Emmanuel Akomaye Agim delivered the lead judgment, emphasizing that any future dissolution of democratically elected local officials by governors would breach the 1999 Constitution. The Supreme Court, in a unanimous decision, sided with the Attorney General of the Federation and Minister of Justice, Prince Lateef Fagbemi, who argued that local governments are a constitutionally recognized tier of government.

The court upheld Fagbemi’s stance that while governors can receive funds on behalf of local governments, they are not permitted to spend those funds. The court also ordered the withholding of federation account funds from local governments without democratically elected officials.

The Attorney General had sued the 36 governors, demanding full autonomy for local governments. The governors sought to dismiss the suit, claiming the Supreme Court lacked jurisdiction, but their request was rejected as lacking merit.

The judgment mandates that local governments run by unelected officials will not receive their July allocations, affecting states including Jigawa, Rivers, Anambra, Kwara, Imo, Zamfara, Benue, Bauchi, Plateau, Abia, Enugu, Katsina, Kano, Sokoto, Yobe, Ondo, Osun, Delta, Akwa Ibom, and Cross River. Some of these states have planned local government elections, while others do not.

This decision has prompted an emergency meeting of the Governors Forum, announced by Anambra State Governor Prof. Chukwuma Soludo after a meeting with President Bola Tinubu. Soludo, who has also delayed council elections, praised the court’s decision as a democratic process.

President Bola Tinubu commended the judgment, stating that it reaffirms the statutory rights of council dwellers and removes any hindrance to good governance at the grassroots level. Tinubu highlighted that the judgment will ensure transparency and accountability in the use of local government funds.

The National Union of Local Government Employees (NULGE) also welcomed the judgment, seeing it as a significant step toward solving Nigeria’s problems and ensuring financial integrity at the local government level.

Former Vice President Atiku Abubakar and Senate President Godswill Akpabio both praised the judgment, emphasizing its importance for local government autonomy and urging compliance from state governors.

Attorney General Fagbemi, who brought the case to the Supreme Court, warned of severe consequences for non-compliance and expressed hope for a new era of local government development.

However, former Delta State Governor James Ibori criticized the judgment, describing it as a flawed assault on the Constitution. He argued that the decision undermines the principle of federalism as outlined in the Constitution and expressed concerns about its long-term implications.