State Govt Has No Power To Dissolve LGA Councils, Control Allocations - Supreme Court ~ OsazuwaAkonedo #Agim #Emmanuel #Fagbemi #Garba #Lateef #Lawal https://osazuwaakonedo.news/state-govt-has-no-power-to-dissolve-lga-councils-control-allocations-supreme-court/11/07/2024/ #Breaking News Published: July 11th, 2024 Reshared: July 11, 2024 6:54 pm Nigeria Supreme Court of Justice has ruled that state governments have no power or
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00:00Nigeria's Supreme Court of Justice has ruled that state governments have no power or authority
00:04to dissolve democratically elected local government area councils or set up catechal committee
00:07in line with the spirit, purpose, and intent of the 1999 Nigeria Constitution.
00:12The Supreme Court on Thursday also ruled that it is unconstitutional for state governments
00:16to control the funds or allocations of local government area councils, stating that federal
00:20allocations should be paid directly into local government area councils' accounts, putting
00:24an end to atrial practice of councils' allocations received through state governments.
00:29In a judgment delivered by Justice Emmanuel Agyem on Thursday, the Apex Court declared
00:33that it is unconstitutional for state governments to withhold and utilize allocations meant
00:36for local government areas without transferring the funds to them, as mandated by Section
00:40162.3 of the Constitution.
00:43The Supreme Court ruled that the federal government must pay funds allocated to local governments
00:46directly to the respective local government areas, which are to be managed by democratically
00:50elected officials.
00:51A seven-man panel of the Apex Court led by Justice Gamalawal passed the judgment after
00:56hearing the case in which all the 36 state governors were made the defendants by the
00:59federal government.
01:00Last month, the Supreme Court had resolved its judgment in a lawsuit brought by the Attorney
01:05General of the Federation and Minister of Justice, Lateef Fambemi, S.A.N., to call for
01:09local government's autonomy in the country.
01:11The suit filed by Fambemi seeks full autonomy for the local government areas in the country.
01:16The government asked the Apex Court to ban state governors from arbitrarily dissolving
01:19democratically elected local government councils.
01:22The Nigerian government also asked the Apex Court to stop the governors from maintaining
01:26joint accounts with local governments, describing it as unlawful and in violation of the provisions
01:30of the Constitution.
01:32The federal government also wants the Supreme Court to prohibit governors from forming kiatika
01:35committees to manage local governments in violation of the Constitution's recognized
01:39and protected democratic system.
01:41The federal government also sought an injunction prohibiting governors, their agents, and privies
01:46from receiving, spending, or tampering with funds released from the Federation account
01:50for the benefit of local governments in states without a democratically elected local government
01:54system.
01:55According to the suit, Nigeria as a Federation was created by the 1999 Constitution as amended
02:01with the President as head of the federal executive arm, sworn on both to defend and
02:04give effect to sections of the Constitution.
02:07The Apex Court had earlier given 36 defendants seven days to file their defense and also
02:11given the AGF two days to file his reply upon receipt of the governor's defense.
02:16The Supreme Court's judgment delivered by Justice Emmanuel Agyem on Thursday described
02:19the agent practice by governors as a violation of the 1999 Constitution.
02:23The Supreme Court thereafter banned all state governors in Nigeria from dissolving democratically
02:27elected local government councils in the country.
02:30The suit by the AGF was on 27 grounds.
02:33A careful analysis of the Supreme Court rulings indicated that the Apex Court orders the federal
02:37government to henceforth withhold allocations to local governments governed by unelected
02:41officials appointed by the governor.
02:43The Apex Court banned the federal government from further paying local government allocations
02:46through the state governments since the practice has been abused by governors.
02:50Close watchers said that the 774 local government areas in the country always experience undemocratic
02:55practices from state governments.
02:57Over the years, according to them, efficient governance at the level of the third tier
03:02of government has been hampered by the overbearing influence of state governors.
03:06Funds meant for local governments in the Federation account are paid monthly to them through their
03:09respective state governments.
03:11But against expectations, the governors of the states retain the funds in joint accounts
03:15in the respective states and only release to the local governments what they wish.
03:19The local governments in each state have no say in the use of the funds in the joint accounts
03:23controlled by the respective state governors, the close watchers said.
03:26The Office of the Attorney General of the Federation and Minister of Justice had instituted
03:30the suit at the Supreme Court, seeking an order to better guarantee the independence
03:33of the local governments.
03:35In the suit marked SCCB 343-2024, the federal government urged the Court to issue an order
03:42prohibiting state governors from embarking on unilateral, arbitrary, and unlawful dissolution
03:46of democratically elected local government leaders.
03:49The plaintiff also prayed the Supreme Court to make an order permitting the funds standing
03:53in the credits of local governments to be directly channeled to them from the Federation
03:56account in line with the provisions of the Constitution as against the alleged unlawful
03:59joint accounts created by governors.
04:02Immediate compliance ordered as the Supreme Court declared any action contrary in above
04:05as illegal and a breach of the Constitution of Nigeria.
04:08Meanwhile, the Conference of Nigeria Political Parties, CNPP, has commended the Supreme Court
04:13of Nigeria for its landmark judgment barring state governors from withholding funds meant
04:17for local government administrations.
04:19A statement signed by the CNPP's Deputy National Publicity Secretary, Comrade James Ezema,
04:24notes that for far too long, governors have usurped the powers and resources of local
04:28governments, stifling grassroots development and perpetuating poverty.
04:31This judgment marks a new dawn for local government autonomy and a significant blow to the impunity
04:36and recklessness of state governors in the last two decades.
04:39The CNPP sees this ruling as a significant step towards decentralizing power, promoting
04:43grassroots development, and enhancing the overall quality of life for Nigerians.
04:48We believe that this judgment will go a long way in addressing the issues of poverty, equality,
04:52and social injustice that have plagued our nation for decades.
04:55We urge all stakeholders to respect and implement this judgment, and we demand that governors
04:59who violate this ruling be prosecuted after leaving office.
05:03It is time to hold our leaders accountable for their actions and ensure that the rule
05:06of law is upheld.
05:07The CNPP calls on the federal government to ensure the immediate release of funds due
05:11to local governments directly to their respective accounts and to monitor their utilization
05:15to prevent further abuse.
05:17We also urge civil society organizations and the media to join us in holding governors
05:20accountable for their actions.
05:22This judgment is a testament to the power of the judiciary in upholding the Constitution
05:26and protecting the rights of the people.
05:28We commend the Supreme Court for its courage and commitment to justice.
05:32The CNPP calls on governors who are yet to conduct local government elections to end
05:36the unconstitutional practice of appointing key ethical committees and immediately allow
05:39for the conduct of free, fair, and credible local government polls in their states or
05:43forfeit the local government allocations until a democratically elected local government
05:46system is in place.
05:48This ruling is a resounding victory for democracy, national development, and the long-suffering
05:53people of Nigeria, CNPP stated.
05:56Satuwa Onnedo, bringing youth to news in a more digital way.