Fed Govt sues governors over local govt autonomy

Attorney-General of the Federation and Minister of Justice Lateef Fagbemi filed the suit marked SC/CV/33/2024, a week ago. The governors were sued through their respective state Attorneys- General.

“By the provisions of the constitution, there must be a democratically elected local government system, and 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. “In the face of the violations of the 1999 Constitution, the Federal Government is not obligated under Section 162 of the Constitution to pay any state, funds standing to the credit of Local Governments where no democratically elected local government is in place.”

In a supporting affidavit, Fagbemi stated that the local government system recognised by the constitution is democratically elected and that the amount due to them from the Federation Account is to be paid to through the system recognised by the constitution. “The states, acting through their State Governments, dissolve willy-nilly democratically-elected members of Local Government councils In their domains and replace them with Caretaker or other Committees called by whatever names they deem fit;

“The 1999 Constitution provides for the distribution of public revenue to the three tiers of government to wit, Federal, State, and Local Governments. “Each state is to maintain a Special Account to be called ‘State Joint Local Government Account into which shall be paid all allocations to the local government councils,

“By the failure of the defendants to put in place a democratically elected local government system, Defendants have continued to deny the Plaintiff and Federation Account constitutional beneficiaries of funds that may be due from the Federation Account:

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