It is not in doubt that the local government autonomy will spur socio-economic development at the grassroots and substantially reduce the general insecurity across the country. However, some months after the Supreme Court judgement on the autonomy of the third tier of government; most state governors have not complied with the apex court ruling. They have also devised strategies to control the local government funds.
Irked by the development, the Attorney General of the Federation (AGF) and Minister of Justice, Lateef Fagbemi (SAN), recently warned state governors bypassing the Supreme Court judgment on local government autonomy, threatening to seek a contempt of court suit if the defiance continues.
Fagbemi who stated this in Abuja, acknowledged that some of the steps taken by some states contradicted the Supreme Court judgement on the council autonomy. “I am aware that some states have embarked on legislations, promulgation of legislations which appear to be antithetical to the tenets or tenor of the judgment of the Supreme Court. My simple comment is that the states concerned are advised not to tread within the precincts of contempt of court,” he stated. The AGF also pointed out that some states are deliberately starving the councils of funds, thus, preventing them from fulfilling their constitutional duties.
The Supreme Court had in a landmark judgement on July 11, 2024, granted financial autonomy to the local government areas. In the ruling, the apex court declared that it is unconstitutional for state governors to hold funds allocated for local government administrations. It also declared that a state government has no power to appoint a caretaker committee, stressing that a local government council is only recognizable with a democratically elected government.
Delivering the judgement of the seven-man panel of the court, Justice Emmanuel Agim declared that the 774 local government councils in the country should manage their funds themselves. The apex court further held that the power of the government is portioned into three arms of government, the federal, the state and the local government. It ruled that state governments are perpetuating a dangerous trend by refusing to allow democratically elected local government councils to function, instead appointing their loyalists who can only be removed by them. The AGF had on behalf of the Federal Government filed a suit at the apex court, seeking to grant full autonomy and direct funding to all 774 local government councils in the country.
Despite the definite ruling of the court, some state governors have taken measures to nullify the judgement. For instance, Anambra State House of Assembly had on October 8, 2024, passed the Local Government Administration Bill 2024, amidst condemnation from civil society groups and opposition parties. Section 13(1) of the bill stipulates that the state shall maintain a “State Joint Local Government Account,” into which all federal allocations to LGAs must be deposited. Section 14(3) further mandates that each LG must, within two working days of receiving their allocations from the Federation Account, remit a state-determined percentage to the consolidated account. This requirement applies even if the allocations are received directly from the Federation Account.
Section 14(4) says that if the state receives the LGA allocation on their behalf, it must deduct the specified percentage before disbursing the remaining funds to the LGA. The state governor, Prof. Charles Soludo, has signed the bill into law.
In the same vein, Edo State House of Assembly on December 16, 2024, passed a resolution suspending chairmen and vice chairmen of the 18 local government councils in the state for two months. The House also mandated the leaders of the legislative arms to take over leadership of their respective councils. However, a High Court in Benin, Edo State, ordered the restoration of the suspended chairmen and deputies of the councils. The Lagos State House of Assembly had slammed an indefinite suspension on the Chairman of Alimosho Local Government Area, Jelili Sulaimon. The chairman was accused of misconduct and disrespect to the legislative House.
We call on the state governors to stop meddling with the affairs of local governments. The Supreme Court verdict on local government autonomy must be respected.
Apart from the apex court ruling, which carries the weight of the law, Section 7(1) of the 1999 Constitution (as amended) provides that “the system of local government by democratically elected local government councils is under this constitution guaranteed; and accordingly, the government of every state shall, subject to section 8 of this constitution, ensure their existence under a law which provides for the establishment, structure, composition, finance and functions of such councils.”
Since the third tier of government is the closest to the people at the grassroots, it must be allowed to exist. We appeal to state governors to allow the councils to function effectively without undue interference. Moreover, a functional local government system will complement the efforts of the state governments in ensuring overall development of their domains.
The federal government should give effect to the Supreme Court judgement by ensuring the fiscal independence of the councils. Let the funds of the councils be remitted to them directly. State governors should not coerce the council chairmen into joint-account arrangement aimed at subverting the autonomy of the councils.