The Nigerian Bar Association (NBA) last Wednesday hosted a high-level discourse during which legal experts and stakeholders interrogated the challenges hindering the full implementation of the landmark Supreme Court judgment on local government autonomy.
There will be consequences for the continued violation of the Supreme Court judgment on local government autonomy by governors.
Attorney-General of the Federation and Minister of Justice Prince Lateef Fagbemi (SAN), fired this warning at a state-of-the-nation discourse on local government financial autonomy.
Stakeholders at the forum organised by the Nigerian Bar Association (NBA) called for strict compliance with the judgment.
Fagbemi, represented by Civil Appeals Director, Mr. Tijani Gazali (SAN), said despite the Supreme Court judgment outlawing the illegal removal of democratically elected local government chairman and councillors, some governors have continued to act arbitrarily.
“It is quite unfortunate that a few states have continued to flagrantly carry on with this illegality.”
“Let me state in unequivocal terms that this act is tantamount to treason and must be treated as such.
“While it is true that Section 308 of the Constitution grants the governor immunity from prosecution, I wish to be clear that this flagrant disobedience to the Supreme Court judgment will have unpleasant consequences for the state as a whole, should it persist,” he warned.
Fagbemi attributed the situation to “complete dereliction of duty by the Attorneys-General” who he said failed to ensure that governors uphold the rule of law.
“We must always be courageous as lawyers to always give the correct legal advice to politicians, who believe they have the right to breach the sacred provisions of the constitution, regardless of the grim repercussions.
“Again, let me remind us that we are all servants of the law and our duty is to defend the constitution always.
“I, therefore, call on everyone present here today, to lend their support to the complete actualisation of the full autonomy of Local Governments in Nigeria, in line with the mandate of President Bola Ahmed Tinubu.
“Most importantly, local governments must also wake up to their constitutional duties by being accountable to the citizens, constantly improving themselves in areas of administration and capacity building of their staff and constant community engagement to improve trust and transparency.
“There is no room for babysitting the third tier of the Government any more.
“There must be concerted efforts by ALGON to continue to improve the technical capacities of local government workers across Nigeria to be able to rise to the humongous task ahead of them.
“Local government councils must be seen to be alive, with a reformed civil service structure and executing more impactful projects that will bring respite to the people in the grassroots, for whose sake this fight was won,” Fagbemi said.
He said the discourse was in line with the NBA’s mandate of promoting the rule of law.
Osigwe urged all stakeholders to do their best to ensure good governance for the people of Nigeria, especially at the grassroots.
Adegboruwa highlights benefits of judgment
In his paper titled: “An analysis of the role of state and local government leaders: challenges and problems,” Ebun-Olu Adegboruwa (SAN) noted that the lack of council autonomy remained a major challenge to the efficiency of the role of the grassroots government for years.
According to him, overriding interference in the operations of the local governments by states remained a clog in the wheel of progress.
Adegboruwa said: “The landmark policy decision of the Supreme Court has become a watershed in local government administration, particularly on the issue of fiscal autonomy of the third tier of government.
“The decision marks a significant shift with several important implications.
“First, the direct payment mechanism will reinforce government policies at the local level, allowing local governments to have greater control over their financial resources.
“This change is expected to foster the development of more effective structures within the local governments for managing and utilising the funds allocated to them.
“Additionally, the decision will facilitate the delivery of essential services and infrastructure, such as healthcare and public utilities, directly benefiting local communities.
“By bypassing state governments in the disbursement process, local governments will be better positioned to ensure that the benefits of federal allocations reach their intended recipients promptly and efficiently.
“Furthermore, the decision will reduce the reliance of local governments on state governments, thus promoting greater financial autonomy.
“This shift is likely to enhance the operational independence of local governments, enabling them to function more effectively and respond more directly to the needs of their communities.”
He added that with full autonomy, local governments can directly utilise the funds they generate to address local needs and implement community projects.
“Additionally, this change will reduce undue interference from state governments, allowing local governments to operate with greater financial independence and efficiency.
“This increased control over revenue generation and expenditure will enable Local Governments to better serve their communities and enhance local development,” Adegboruwa said.
A Senior Advocate of Nigeria, Mr. Muyiwa Atoyebi, stressed that restoring democracy at the grassroots is a major determinant of development at that level.
“The Nigerian government, as presently constituted, is highly centralised.
“There is a need to grant local communities the opportunity to make decisions that directly impact their lives.
“This can only be achieved by strengthening local governments, ensuring that they are adequately funded, and providing them with the autonomy needed to address the unique challenges faced in their communities.
“Local governments are the closest to the people, and empowering them would not only promote the development of local areas but also help in achieving national development goals more effectively,” he said.
A former NBA Second Vice President, Dr. Monday Onyekachi Ubani (SAN), believes that strengthening local government administration is a collective responsibility.
For him, the Supreme Court pronouncement presents a crucial opportunity for strengthening governance at the grassroots level.
Ubani said: “Achieving this requires the commitment of all stakeholders who seek good governance and sustainable development.
“As the ongoing 1999 constitutional review progresses, it is essential that it incorporates the Supreme Court’s landmark decision, particularly concerning financial autonomy, the election, rather than appointment of local government officials, and legal mechanisms to shield local governments from undue influence by state governors.
“Engaging key stakeholders, including local government leadership, employees, state executives, and speakers of state Houses of Assembly, in shaping this review is vital to ensuring meaningful and lasting reforms.
“More importantly, the realisation of a truly autonomous third tier of government must involve active participation from civil society organizations, citizens, and advocacy groups.
“It is a collective duty to ensure that local government autonomy is not just a constitutional provision but a practical reality within our lifetime.”
Immediate-past Abuja Branch Chairman of the NBA, Mr. Afam Okeke, said local government elections should be held on the same day as the state and federal elections.
He suggested that the Independent National Electoral Commission (INEC) should be responsible for organising, supervising and conducting council polls rather than state Independent Electoral Commissions (SIECs)
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“All monies meant for LGAs should be paid straight from the federation account to the account of each local government and not through a joint account with the state government,” Okeke said
For Secretary of Otu Oka-Iwu (Igbo lawyers association), Abuja, Ogechukwu Maureen Okafor, there must be strict enforcement of the Supreme Court judgment through legal and institutional reforms to restore democracy at the grassroots and ensure good governance.
“During the panel discussions, the representative of ALGON stated that ALGON has formally requested the Central Bank of Nigeria (CBN) to create individual accounts for all 774 local government areas.
“In response, the Director of the Legal Department at the CBN confirmed the request and announced that the bank is inviting all local government chairmen to undergo Customer Due Diligence (CDD) and Know Your Customer (KYC) processes before the accounts can be operationalised.
“Additionally, the representative of the Code of Conduct Bureau (CCB) disclosed that investigations into the local government chairmen have commenced. The CCB also intends to first educate them on their rights and responsibilities.
“These developments indicate that local governments will not only operate with greater autonomy as the third tier of government but will do so without immunity for their chairmen.
“The absence of immunity, to a large extent, gives room for chairmen to be held accountable by financial crimes institutions like the Economic Financial Crimes Commission (EFCC), the Independent Corrupt Practices and other related offences Commission (ICPC), etc.
“The Federal Government in collaboration with civil society organisations like the NBA through the Local Government Monitoring Committee must ensure that local government allocations go directly to local government accounts without interference from state governors, whilst INEC and the electoral commissions in the states are reformed to guarantee credible local government elections free from state manipulation.
“Civic engagement and accountability mechanisms, such as public audits and community-driven oversight should be strengthened to ensure that local governments remain transparent and responsive to the needs of the people.
“If properly executed, these measures will deepen democracy, enhance service delivery, and empower citizens at the grassroots level,” Okafor said.
