The Supreme Court has delivered a judgment in the case brought by the Federal Government against the 36 state governors regarding local government autonomy.
The Attorney General of the Federation and Minister of Justice, Lateef Fagbemi (SAN), led the suit, advocating for full autonomy and direct fund allocation to the 774 local governments across Nigeria. Based on 27 grounds, the Federal Government accused the state governors of gross misconduct and abuse of power. It sought an order from the Supreme Court to ensure that funds designated for local governments from the Federation Account are paid directly to the local governments instead of being funneled through state governments.
Additionally, the Federal Government requested an injunction to prevent the governors and their representatives from receiving, spending, or tampering with funds meant for local governments, particularly when no democratically elected local government system is in place in the states.
In the lead judgment read by Justice Emmanuel Agim, the Supreme Court declared it unconstitutional for governors to withhold funds intended for Local Government (LG) administrations. Justice Agim pointed out that the lack of financial autonomy for local governments has persisted for over two decades. He noted that local governments have been deprived of funds that should be directly allocated to them by the state governors acting on their behalf.
The court emphasized that the 774 local government councils in Nigeria should manage their own funds. It dismissed the preliminary objections raised by the state governors, affirming that the Attorney General of the Federation has the right to bring the suit and protect the constitution.
Consequently, the Supreme Court directed that local government allocations from the Federation Account be paid directly to the local governments from now on.