BY OBINNA NWACHUKWU and EZEOCHA NZEH
The nations democracy may be heading for the desired rebirth as the federal government on Thursday secured a landmark judgement to save local government administration from collapsing.
This followed the Supreme Court judgement yesterday which barred the 36 state governors from interfering with the financial obligations of 774 local governments Areas in the country.
The apex court in it’s judgement on the matter brought before it by the Attorney general of the Federation and Minister of Justice Mr. Lateef Fagbemi, SAN, on behalf of the federal government against the 36 governors, ruled that it is illegal and unconstitutional for governors to continue to receive and seize funds allocated to LGAs in their states.
The court in the landmark judgement delivered by Justice Emmanuel Agim, described the practice by the governors as “dubious” and a clear violation of Section 162 of the 1999 constitution as amended, even as the court noted with regret that such practice had gone on for over two decades
Justice Agim, who held that no House of Assembly of any state has the power to make laws that could, in any manner, interfere with monies meant for the LGAs, added that the law 1999 Nigerian Constitution as Amended stated that LGAs must be governed by democratically elected officials
The apex court therefore ordered that forthwith, funds meant for the LGAs must be directly paid to them from the federation account.
The seven-man panel declared that the 774 local government councils in the country should manage their funds themselves.
The apex court which contended that the power of the government is portioned into three arms of government, the federal, the state and the local government, further declared that a state government has no power to elect a caretaker committee and a local government council is only recognizable with a democratically elected government.
“A democratically elected local government is sacrosanct and non-negotiable,” the court said.
The court ruled that state governments are perpetuating a dangerous trend by refusing to allow democratically elected local government councils to function by appointing their loyalists who can only be removed by them
The Attorney General of the Federation, Lateef Fagbemi (SAN), filed a lawsuit on behalf of the Federal Government, seeking to grant full autonomy and direct funding to all 774 local government councils in the country.
The 36 state governments, through their attorneys generals, filed a counterclaim, arguing that the Supreme Court lacked the jurisdiction to hear the case.
Justice Agim said, “I hold that the plaintiff’s request is hereby approved and all the reliefs granted.”
“Demands of justice require a progressive interpretation of the law. It is the position of this court that the federation can pay LGA allocations to the LGAs directly or pay them through the states.
“In this case, since paying them through states has not worked, justice of this case demands that LGA allocations from the federation account should henceforth be paid directly to the LGAs,” the apex court held.
The court further declared unconstitutional the appointment of caretaker committees by governors to run the affairs of the LGAs and ruled that the 36 states are under obligation to ensure democratic governance at the third tier of government.