The Nigerian Government has filed a suit at the Supreme Court against the 36 state governors in the country. The suit, filed by the Attorney General of the Federation, Lateef Fagbemi (SAN), seeks full autonomy for local government areas.
The government is asking the apex court to ban state governors from arbitrarily dissolving democratically elected local governments. Additionally, it seeks to stop governors from maintaining joint accounts with local governments, describing this practice as unlawful and in violation of the Constitution. The Federal Government also wants the Supreme Court to prohibit governors from forming caretaker committees to manage local governments, which it argues is unconstitutional. Furthermore, it seeks an injunction preventing governors, their agents, and privies from handling funds meant for local governments in states without a democratically elected local government system.
According to the suit, the Nigerian federation, established by the 1999 Constitution, as amended, obligates the President to defend and uphold the Constitution. The suit argues: “The governors represent the component states of the Federation with Executive Governors who have also sworn to uphold the Constitution and to at all times, give effect to the Constitution, which is the supreme law and has binding force throughout Nigeria. 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.”
The government is asking the Supreme Court to invoke sections 1, 4, 5, 7, and 14 of the Constitution to declare that state governors and State Houses of Assembly must ensure a democratic system at the local government level. It also seeks a declaration that the dissolution of democratically elected local government councils by governors or through state laws or executive orders is unlawful and unconstitutional.
A 13-paragraph affidavit was deposed by Kelechi Ohaeri from the Federal Ministry of Justice. The AGF stated that the suit was filed under the original jurisdiction of the Supreme Court on behalf of the Nigerian Government. The affidavit asserts that the Constitution recognizes democratically elected local government councils, which are to be funded via the Federation Account.
The apex court is scheduled to hear the suit on May 30.