The Federal Government has issued a strong warning to state governors who continue to defy the Supreme Court’s judgment on local government (LG) autonomy. Attorney General of the Federation (AGF) and Minister of Justice, Prince Lateef Fagbemi (SAN), announced the government’s intent to pursue contempt of court charges against any governor failing to comply with the ruling.
Speaking at the 2024 annual conference of the National Association of Judiciary Correspondents in Abuja, Fagbemi criticized actions undermining the autonomy of the nation’s 774 local government areas, as affirmed by the Supreme Court’s landmark judgment on July 11, 2024. This ruling mandates that LG allocations be paid directly to their accounts, bypassing state control, and declared the practice of withholding funds unconstitutional.
The court also prohibited governors from dissolving democratically elected LG councils or replacing them with caretaker committees. Despite this, many governors have resisted implementing the decision, leading Fagbemi to describe such actions as bordering on treason.
The AGF further warned state attorneys-general and legal practitioners aiding governors in bypassing the judgment. He cautioned that such conduct could attract sanctions from the Legal Practitioners Disciplinary Committee (LPDC), adding, “Ignoring constitutional rulings on LG autonomy risks scrutiny for professional misconduct.”
Highlighting the continued non-compliance, Fagbemi noted that the Federal Government had yet to implement direct payment to LGs, citing “practical impediments”. Minister of Finance Wale Edun disclosed that a committee was reviewing the feasibility of the ruling. Meanwhile, Oyo State Governor Seyi Makinde called for a “homegrown solution” to ensure transparency without causing disruptions.
Some states have taken steps contrary to the judgment. Anambra State’s Local Government Administration Bill 2024, signed by Governor Chukwuma Soludo, requires LGs to remit allocations to a joint state account, sparking criticism from civil society and opposition lawmakers. Soludo defended the bill, claiming it promotes transparency and aligns with the Supreme Court ruling. In contrast, Nasarawa State abolished joint accounts and enacted reforms to comply with the judgment.
At the federal level, the Senate endorsed the Supreme Court’s decision and proposed constitutional amendments to eliminate loopholes. Senate President Godswill Akpabio emphasized the need to amend Section 162(6) of the Constitution, which permits state-local government joint accounts.
Fagbemi decried governors’ actions as detrimental to grassroots development, accusing them of starving LG councils of funds, thereby crippling their ability to perform statutory duties. He stressed, “This is one type of government inhumanity to another.”
The AGF also warned LG officials against mismanaging funds, asserting that financial autonomy must not lead to corruption. He said, “Tampering with public funds will attract severe legal consequences, including imprisonment.”
Fagbemi praised President Bola Tinubu’s administration for its commitment to strengthening governance structures and called for transparent operations within state independent electoral commissions. He also urged the media to promote accurate reporting on governance and judicial issues, emphasizing the judiciary’s role as the most credible arm of government.
Chief Justice of Nigeria, Justice Kudirat Kekere-Ekun, echoed this sentiment, highlighting the media’s importance in fostering public trust in the judiciary. She stated, “Credible journalism strengthens accountability and advances justice in our society.”
Fagbemi concluded by reaffirming the Federal Government’s commitment to enforcing local government autonomy, ensuring grassroots development, and holding all tiers of government accountable to constitutional mandates.
