The Federal Government has instituted a legal action against the Governors of the 36 States of the Federation at the Supreme Court over alleged misconduct in the administration of Local Government Areas, LGAs.
FG, in the suit marked: SC/CV/343/2024, which was filed by the Attorney General of the Federation and Minister of Justice, Prince Lateef Fagbemi, SAN, is seeking full autonomy for all LGAs in the country as the third tier of government.
It specifically prayed the apex court to issue an order, prohibiting state governors from embarking on unilateral, arbitrary and unlawful dissolution of democratically elected local government leaders.
As well as for an order permitting the funds standing in the credits of local governments to be directly channelled to them from the Federation Account in line with the provisions of the Constitution as against the alleged unlawful joint accounts created by governors.
Besides, FG, prayed the Supreme Court for an order, stopping governors from further constituting Caretaker Committees to run the affairs of local governments as against the Constitutionally recognized and guaranteed democratic system.
It equally applied for an order of injunction, restraining the governors, their agents and privies, from receiving, spending or tampering with funds released from the Federation Account for the benefits of local governments when no democratically elected local government system is put in place in the states.
Governors of the 36 States were sued through their respective Attorneys General.
In the 27 grounds it listed in support of the suit, FG, argued that Nigeria, as a federation, was a creation of the 1999 Constitution, as amended, with the President, as Head of the Federal Executive Arm, swearing on oath to uphold and give effects to provisions of the Constitution.
It told the apex court: “That the governors represent the component states of the Federation with Executive Governors who have also sworn to uphold the Constitution and to at all times, give effect to the Constitution and that the Constitution, being the supreme law, has binding force all over the Federation of Nigeria.
“That the Constitution of Nigeria recognizes federal, states and local governments as three tiers of government and that the three recognized tiers of government draw funds for their operation and functioning from the Federation Account created by the Constitution.
“That by the provisions of the Constitution, there must be a democratically elected local government system and that the Constitution has not made provisions for any other systems of governance at the local government level other than democratically elected local government system.
“That in the face of the clear provisions of the Constitution, the governors have failed and refused to put in place a democratically elected local government system even where no state of emergency has been declared to warrant the suspension of democratic institutions in the state.
