Victor EzejaThursday’s judgment of the Supreme Court on the autonomy of local governments in Nigeria has generated mixed reactions from the citizens and groups.
While some hailed the apex court’s ruling, others said it may have negative implications on achieving true federalism in Nigeria.
Join our WhatsApp ChannelPrime Business Africa reports that the Federal Government had in a suit marked SC/CV/343/2024, filed on 24th May 2024, by the Attorney General of the Federation, Lateef Fagbemi, urged the Supreme Court to grant full autonomy to local governments.
The AGF prayed the court to grant an order prohibiting state governors from unlawfully dissolving democratically elected local council leaders and also an order stopping governors from further constituting caretaker committees to run the affairs of local governments against the constitutionally recognised and guaranteed democratic system.
It also asked the court to issue an order restraining state governors or their agents from receiving, or spending funds from the Federation Account meant for local government administration.
READ ALSO: Supreme Court Grants Financial Autonomy To LGs, Bars Govs From Dissolving Councils
In a landmark judgment delivered by Justice Emmanuel Agim, the Supreme Court held that in line with provisions of the 1999 constitution, local government as a third tier of government deserve full autonomy.
It therefore declared that it is unconstitutional for state governors to hold onto funds meant for local government administrations. It ordered the federal government to immediately begin direct disbursement of funds from the Federation Account to exclusive accounts of local governments across the country.
The apex court also barred state governors from dissolving democratically elected chairmen of local governments. It held that only democratically elected ones should receive LG funds from the Federation Account.
Ruling Will Boost Grassroots Development Efforts – Tinubu
Nigeria’s President Bola Tinubu applauded the Supreme Court’s judgment for upholding the constitutionally guaranteed rights of autonomy to local governments in the country.
According to the president, the apex court ruling strengthens efforts to achieve effective governance and development at the grassroots.
READ ALSO: Anarchy: 18 State Governors Won’t Allow Elections For Local Govt Chairmen, Councillors
It’s a win for Nigeria – Atiku
Also, Nigeria’s former Vice President, Atiku Abubakar, said the ruling “is a win for the people of Nigeria.”
According to Atiku, it is a major step towards achieving national development.
Supreme Court Ruling Great – Soludo
Anambra State governor, Prof. Chukwuma Soludo, also hailed the judgment, saying it is a great development.
“That’s great. I mean, the Supreme Court is supreme, the final authority and I’m a democrat. I believe in the rule of law. Once the Supreme Court has spoken, it has spoken,” Soludo stated while speaking to State House correspondent on Thursday evening.
He said the Governors Forum will meet to review the judgment.
Soludo noted that there is a need for accountability and effective utilization of resources both at the grassroots and other levels of government for national development.
“But at a fundamental level, yes, we need resources to get down to the grassroots and we need the people’s money to work for them at all levels, whether at the federal or the state and the local government.”
The governor, whose state had not conducted local government election in the past 10 years, said he has initiated the process for an election to be conducted, starting with passage of a bill for a law to establish the state’s Independent Electoral Commission.
He said there is a lingering litigation that stopped local government election in the state which his administration is working hard to resolve and be able to organise an election.
Akpabio, Abbas Hail Judgment
On their part, Senate President, Godswill Akpabio and Speaker of the House of Representative Tajudeen Abbas, hailed the judgment.
Akpabio, who advised state governors to respect the court judgment, assured that lawmakers would sit and strengthen the laws for full implementation.
Abbas, who described the development as an “impossibility that became a reality,” expressed optimism that it would help local governments to function effectively “and extend goodwill to their own people undisturbed by the excesses by the state Governors.”
READ ALSO: Optimism, Fears Trail FG’s Insistence On LG Autonomy
Ruling Frees LGs from Shackles of the Past – AGF
The AGF said the ruling has emancipated local governments from the “shackles” that hampered their activities in the past.
He urged local government officials to see it as an opportunity to development their areas.
It’s Victory for LG Workers – NULGE
On its part, the National Union of Local Government Employees (NULGE) commended the Supreme Court on LG autonomy, saying it is a victory for Nigerian workers at local government level.
In a statement on Thursday, NULGE national president, Hakeem Ambali Olatunji, said having LG autonomy will reduce the problem of Nigerians by at least 50 per cent. “It will reduce the infrastructural gap, and improve community security, and food security,” Olatunji said.
“LG will return us back to the good years of functional and well-run primary education systems and health centres,” he added.
The NULGE national president warned the political class at the local level to desist from looting resources meant for grassroots development, adding that there must be transparency and accountability at the local government level.
“NULGE will partner with all anti-corruption agencies to track local government funds to ensure it is judiciously used for the good of the Nigerian people,” he added.
While commending the Supreme Court judgment, the Socio-Economic Rights and Accountability Project (SERAP) called on past state governors to account for local government funds they collected over the years and allegedly misused.
SERAP also urged the National Assembly to urgently “amend the provisions of Section 162 of the Nigerian Constitution 1999 (as amended) to ensure that local government allocations from the Federation Account are directly paid to local government areas and not collected by governors and FCT.’’
Court Ruling a Setback on True Federalism – Ibori
Commenting on the Supreme Court judgment on LG autonomy, a former governor of Delta State, James Ibori, however, said it is a severe setback to the principle of true federalism as defined by section 162 of the 1999 constitution.
In a post via his verified X handle on Thursday, Mr Ibori said: “The Supreme Court has dealt a severe setback on the principle of federalism as defined by section 162(3) of the 1999 Constitution (as amended).”
The Ex-governor stated that “the court ruling on the matter is an assault on true federalism.” He argued that federal government has no right to interfere with the administration of local government under any guise.
According to him, there are only two tiers of government in a federal system.
“I’m opposed to fiddling with the allocations to the Joint LG Accounts at the state level but that in itself does not call for this death knell to the clear provisions of section 162 of the constitution,” Ibori said, insisting that the ruling has far-reaching implications on governance including interpretation of Section 162 of the 1999 Constitution, the balance of power between the federal government and states, state autonomy, and financial independence of states and local governments.
While acknowledging that the 1999 Constitution provides that local governments must be administered by “democratically elected” officials, Ibori claimed that “it is wrong” to withhold the allocation of those operated by unelected officials.
“In the coming days, we will begin to fully understand the implications of the Supreme Court decision. An assault on the constitution is not the answer to fiddling with the Joint LG Account. If the ruling is saying governors cannot temper, touch, fiddle with the Joint Accounts, that’s fine because they shouldn’t be doing that in the first place. But asking the Federal Government to pay Local Governments allocations to the account of the Local Government directly will lead to utter chaos and avoidable friction in governance,” he further stated.
The former Delta governor called for a review of the judgment “because it clearly stands the concept of federalism on its head.”
Victor Ezeja is a passionate journalist with six years of experience writing on economy, politics and energy. He holds a Masters degree in Mass Communication.
