In a landmark judgment that can disrupt political power and governance structure in several states, the Nigerian Supreme Court delivered its long-awaited judgment on Thursday, July 11, reaffirming the autonomy of local governments as the constitutionally recognized third tier of government.
The Attorney General of the Federation, Lateef Fagbemi (SAN), instituted a case against the 36 state governors on behalf of the federal government seeking a declaration that the states have no constitutional powers over the administration or finances of local governments under their jurisdiction..
The suit, marked SC/CV/343/2024, was brought in as an originating summons, requesting the court to interpret certain constitutional provisions regarding the independence of local government areas (LGAs). Specifically, the federal government wanted the court to order that funds allocated to LGAs from the Federation Account be paid directly to their accounts.
In its ruling, the court ordered that all funds from the federation account due to local government councils be paid directly into local government accounts, bypassing state governments. Justice Emmanuel Agim delivered the judgment on behalf of the seven-member panel of justices. He declared that no more payments of LGA allocations should be made to state government accounts. The court effectively prohibits governors from receiving, tampering with, or withholding funds intended for local governments.
Additionally, the court said it is unconstitutional and illegal for governors to dissolve elected local government councils. The apex court’s order effectively makes all state-appointed caretaker committees for local governments null and void.
The federal government’s suit accused the state governors of gross misconduct and abuse of power on 27 grounds.
Several analysts and political scientists have argued that the states’ near obfuscation of local governments in Nigeria since 1999 has led to a lack of governance at the grass-roots level, increased poverty, insecurity, particularly the rise of ungoverned spaces, and massive corruption at the subnational levels of government.
Other analysts argue that a federation is the cooperation of two coordinate tiers of government—the central and state governments. Local governments, like counties and mayoralties, they argue, ought to be left at the discretion of the states.
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