LG autonomy: 36 govs given seven days to file defence to FG's suit

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The 36 state governors have been given seven days by the Supreme Court to file their defence in the suit brought against them by the Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi (SAN) on the autonomy of the 744 local governments.

Justice Garba Lawal, leading a seven-man panel of the Supreme Court, on Thursday also gave the AGF two days to file his reply upon receipt of the governors’ defence.

According to the Supreme Court, “That within 2 days of service, the plaintiff will reply after being served the reply of the defendant Counter affidavit.”

The apex court said its decision was predicated on the urgency of the suit and the non-objection from the Attorneys-General of the states.

Indeed, the Federal Government had filed a suit at the Supreme Court against the 36 state governors in the country.

The suit filed by Fagbemi seeks full autonomy for the local government areas in the country.

The government is asking the apex court to ban state governors from arbitrarily dissolving democratically elected local governments.

Also, the Supreme Court is being asked to stop the governors from maintaining joint accounts with local governments, describing it as unlawful and in violation of the provisions of the Constitution.

The Federal Government also wants the Supreme Court to prohibit governors from forming Caretaker Committees to manage local governments in violation of the Constitution’s recognised and protected democratic system. It is also seeking an injunction prohibiting governors, their agents, and privies from receiving, spending, or tampering with funds released from the Federation Account for the benefit of local governments in states without a democratically elected local government system.

The suit stated that Nigeria as a federation, was created by the 1999 Constitution, as amended, with the President as Head of the Federal executive arm, swearing on oath to defend and give effect to sections of the Constitution.

It said, “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 in the face of the violations of the 1999 Constitution, the federal government is not obligated under section 162 of the Constitution to pay any State, funds standing to the credit of local governments where no democratically elected local government is in place.”

The government also pleaded with the Supreme Court to invoke sections 1, 4, 5, 7 and 14 of the Constitution to declare that the state governors and State Houses of Assembly are under obligation to ensure a democratic system at the third tier of government in Nigeria and to also invoke the same sections to hold that the governors cannot lawfully dissolve democratically elected local government councils.