Victor EzejaNigeria’s Supreme Court has granted financial autonomy to the 774 local government councils in the country.
The apex court in a judgment on Thursday held that it is unconstitutional for state governors to hold onto funds meant for local government administrations.
Join our WhatsApp ChannelIt therefore ordered the Federal Government to commence the direct payment of funds into exclusive accounts of local governments.
The court also barred state governors from dissolving democratically elected local council chairmen, stating that doing so, would amount to a breach of the 1999 Constitution.
The court made the declaration while ruling in the suit filed by the Federal Government through the Attorney General of the Federation (AGF), Lateef Fagbemi.
Prime Business Africa reports that the AGF had sought an order preventing the governors from arbitrarily dissolving democratically elected councils.
In the suit, the AGF argued that the constitution recognises three tiers of government, which include federal, state and local governments and that the three tiers of government draw funds for their operations from the federation account created by the constitution.
It added that: “That by the provisions of the constitution, there must be a democratically elected local government system and that the constitution has not made provisions for any other systems of governance at the local government level other than the democratically elected local government system.
“That in the face of the clear provisions of the constitution, the governors have failed and refused to put in place a democratically elected local government system even where no state of emergency has been declared to warrant the suspension of democratic institutions in the state.
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“That the failure of the governors to put democratically elected local government system in place is a deliberate subversion of the 1999 constitution which they and the president have sworn to uphold.
“That all efforts to make the governors comply with the dictates of the 1999 constitution in terms of putting in place a democratically elected local government system, has not yielded any result and that to continue to disburse funds from the federation account to governors for non-existing democratically elected local governments is to undermine the sanctity of the 1999 constitution.”
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In the lead judgment read by Justice Emmanuel Agim, the court held that dissolving elected LG chairmen and appointing caretaker committee is constitutes violation of the 1999 Constitution.
On the local government financial autonomy, Justice Agim said the court has observed that over time, state governors have refused to grant it.
Justice Agim noted that withholding local government funds by state governments disrupts their activities and renders the third tier inefficient.
He therefore ordered immediate compliance of the judgment, adding that no state government should be given funds meant for local governments.
LG Autonomy Challenge
Prime Business Africa reports that since Nigeria’s return to democratic government in 1999, the quest to grant local governments full autonomy has remained a mirage as many state governor have at different times exhibited overbearing influence on the government impacting on their efficiency. The governors ensures total control over all local government administrators.
About 18 out of the 36 states in the country currently operate without democratically elected local government chairmen.
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.
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