AKINWALE ABOLUWADE
Reprieve came for the local government administrations in the country as the Supreme Court declared on Thursday that it is unconstitutional for state governors to hold funds allocated to the councils.
The apex court, in a judgement delivered by a seven-man panel, led by Justice Emmanuel Agim, ruled that the 774 local government councils should, forthwith, manage their funds.
According to the court, three arms of government – the federal, the state and the local government – are constitutionally recognized in Nigeria.
The court said that a state government has no power to elect a caretaker committee and a local government council is only recognisable with a democratically elected government.
Says the apex court, “A democratically elected local government is sacrosanct and non-negotiable.”
It ruled that by appointing their loyalists, state governments are perpetuating a dangerous trend, adding that it is unconstitutional not to allow democratically elected local government councils to function.
It will be recalled that 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 the 774 local government councils in the country.
However, the 36 state governments, through their attorneys general, filed a counterclaim arguing that the Supreme Court lacked the jurisdiction to hear the case.
In its ruling, Justice Agim affirmed that the AGF has the legal authority to initiate the lawsuit and uphold the constitution, stressing, “I hold that the plaintiff’s request is hereby approved and all the reliefs granted.”
