The Supreme Court will on Thursday commence hearing of a suit in which the Federal Government is challenging the ‘’unilateral, arbitrary and unlawful’’ removal of democratically-elected’’ local government area chairmen by governors.
Attorney-General of the Federation and Minister of Justice (AGF) Lateef Fagbemi (SAN) filed the suit marked SC/CV/33/2024, a week ago. The governors were sued through their respective state Attorneys- General.
Other requests by the Federal Government are an order stopping governors from constituting caretaker committees to run the affairs of Local Governments and an injunction restraining them (governors), their agents, and privies from receiving, spending or tampering with funds released from the Federation Account for local governments.
Fagbemi premised his prayers on 27 grounds. They include that the country being a creation of the Constitution with the President as Head of the Federal Executive arm of the Federation swore to uphold and give effects to the provisions of the constitution.
He argued: “The governors representing the component states of the federation also swore to uphold the constitution and to at all times, give effects to the constitution and that the constitution, being the supreme law, has binding force all over the federation of Nigeria.”
“The constitution of Nigeria recognises federal, states, and local governments as three tiers of government and that the three recognised tiers of government draw funds for their operation and functioning from the Federation Account created by the constitution.”
“By the provisions of the constitution, there must be a democratically elected local government system, and the Constitution has not made provisions for any other systems of governance at the local government level other than the democratically elected local government system.”
“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.”
“The failure of the governors to put democratically elected local government system in place is a deliberate subversion of the 1999 Constitution which they and the President have sworn to uphold.”
“All efforts to make the governors comply with the dictates of the 1999 Constitution in terms of putting in place, a democratically-elected local government system, has not yielded any result and that to continue to disburse funds from the Federation Account to governors for non-existing democratically elected local government is to undermine the sanctity of the 1999 Constitution.”
“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.”
Fagbemi therefore asked the Supreme Court to invoke sections 1, 4, 5, 7, and 14 of the Constitution and declare that state governors and state Houses of Assembly are under obligation to ensure a democratic system at the third tier of government.
Besides, he requested the apex court to invoke the same sections by declaring that the governors cannot lawfully dissolve democratically elected local government councils.
He also sought the court’s invocation of sections 1, 4, 5, 7, and 14 of the Constitution to declare that the dissolution of democratically elected local government councils by governors or anyone using state powers derivable from laws enacted by the state Houses of Assembly or any Executive Order is unlawful, unconstitutional, null and void.
In a supporting affidavit, Fagbemi stated that the local government system recognised by the constitution is democratically elected and that the amount due to them from the Federation Account is to be paid to through the system recognised by the constitution.
He added: “Notwithstanding the clear provisions of the 1999 Constitution and the decisions of this court on the sanctity of democratically elected local government system, the defendants have failed and refused to put in place a democratically elected local government system”
“No state of emergency has been declared in any of the states to warrant the suspension of democratic institutions.”
“The various states. acting through their successive State Governments, are in the habit of truncating democracy at the Local Government level in Nigeria;
“The states, acting through their State Governments, dissolve willy-nilly democratically-elected members of Local Government councils In their domains and replace them with Caretaker or other Committees called by whatever names they deem fit;
“This action is of great concern to the Federation of Nigeria, and also of great constitutional importance to the entire citizens. There has been a great public outcry against this practice”
“The refusal or failure of the defendants to put in place a democratically elected local government system is a deliberate subversion of the 1999 Constitution of the Federal Republic of Nigeria, which the President of the Federal Republic of Nigeria has sworn to uphold; and
“Efforts to make the defendants comply with the dictates of the 1999 Constitution in terms of putting in place a democratically elected local government system has not yielded any positive result.”
“The 1999 Constitution provides for the distribution of public revenue to the three tiers of government to wit, Federal, State, and Local Governments.”
“In furtherance of the need to ensure the distribution of public revenue, the Constitution mandates the Federation to maintain a specific account called ‘the Federation Account’ into which all revenue collected by the government of the Federation are paid except certain exempted funds, to the state for the benefit of the democratically elected local government councils”
“The desire of the government of the Federation of Nigeria to prevent funds due to the local government councils from the Federation Account from getting into wrong hands will promote fiscal responsibilities created by the Constitution of the Federal Republic of Nigeria; and help put an end to the insecurity, which is now prevalent in the local government areas of the nation, due to abject poverty, unemployment and tack of basic amenities at the grassroot level.”
“The amount standing to the credit of local government councils in the Federation Account is to be allocated to the States for the benefit of the local government council”
“Each state is to maintain a Special Account to be called ‘State Joint Local Government Account into which shall be paid all allocations to the local government councils,
“The amount due to the local government council from the Federation Account is to be paid to the local government system recognised only by the Constitution:
“The local government system recognised by the 1999 Constitution is the democratically elected local government council;
“The money from the Federation Account being allocated to the state for the benefit of the local government council are funds received in trust for the benefit of local government councils;
“By the failure of the defendants to put in place a democratically elected local government system, Defendants have continued to deny the Plaintiff and Federation Account constitutional beneficiaries (to wit, democratically elected local government system) of funds that may be due from the Federation Account:
“To continue to disburse or release funds from the Federation Account to the defendants for the non-existing democratically elected local government system is to undermine the sanctity of the 1999 Constitution:
“By continuing to release funds to the defendants when no democratically elected local government system is put in place is to give room for persons not constitutionally recognized to spend funds due to the local government councils;
“The plaintiff and defendants have a duty to ensure that corruption is stamped out of Nigeria system at all cost;
“The Federation of Nigeria is always willing to comply with the dictates of the 1999 Constitution by releasing funds due to the local government council from Federation Account.”
