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Tag: Supreme Court

Supreme Court ruling on LGs

Our predilection as a nation is often the refusal to confront our own demon. Our founding fathers embraced federalism because it is a social system that guarantees unity in diversity. But because of some social dislocations normally associated with crisis of nation-building, our military adventurers truncated the first republic and imposed a unitary system on a multicultural society. But instead of confronting our demon through politics, we have for 60 years engaged on social engineering efforts that have left the country more fragmented than it was before independence.

At independence, we operated a federal system where the federating regions/states and the centre were equal and co-ordinates. Confronted with crisis of underdevelopment, the military as custodian of the nation’s constitution developed a messianic complex. They embarked on whimsical creation of states and local governments without logic or rhyme. They foisted on the country what they decreed a ‘third tier of government’ to be funded with funds which constitutionally belong to the second tier of government. Unfortunately the media and the intellectuals, who should know what is required for such an aberration is a political solution, have continued to talk about ‘local government autonomy’ and high-handedness of governors who are in fact victims of an overbearing centre.

But I sympathise with the Supreme Court that has been called upon to apply a judicial solution a political problem. Its duty is to interpret the constitution. It did exactly that last week when it ruled that “governors’ retention of local government funds was a violation of the 1999 constitution”. According to Justice Emmanuel Agim: “Demands of justice require a progressive interpretation of the law… since paying them through states has not worked, justice of this case demands that LGA allocations from the federation account should henceforth be paid directly to the LGAs.” The Supreme Court cannot give what it has not got. The nation remains haunted just as our leaders continue to play the ostrich.

But I sympathise more with President Bola Tinubu. Since it is said one does not become a left-handed at middle age, one is at a loss as to whether the president for political expediency would want to become a dictator after all his previous battles for true federalism. It is on record that he, as Lagos State governor some 20 years ago, dared Obasanjo by creating 37 additional LGAs and won his case at the Supreme Court that failed to annul elections to the 37 LGAs on the strength of his argument that by virtue of section 162 of the 1999 constitution, it is the state’s House of Assembly that are empowered to create LGAs.

Although nothing has changed, but the president who has been under intense pressure since his inauguration last year while reacting to last week Supreme Court judgment said: “By virtue of this judgment, our people – especially the poor – will be able to hold their local leaders to account for their actions and inactions…what is sent to local government accounts will be known, and services must now be provided without excuses.”

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Many are now wondering whether in an effort to ensure the grassroots people feel the impact of his Renewed Hope Agenda, he is prepared to trade his life-long struggle for true federalism, the only thing that sets him apart from his fellow politicians, for such opportunism.

But let us return to our untamed demon. First, the whole idea of federally-created and funded LGAs or third tier of government defies logic. When you say LGAs are independent of states, then what else is left for the states to do if they cannot interfere in the affairs of LGAs that constitutionally report to them?

It cannot be an accident that Section 7(1) of the 1999 constitution gave the power for the establishment of democratically elected local governments, their structure and composition, finance and functions to the state Houses of Assembly. These powers given to the states were independent of those enjoyed by the national government.

Since the genesis of local government administration in Nigeria dating back to pre-colonial period, there has never been one uniform local government in Nigeria. The Emirate systems of Sokoto and Borno caliphates were different from the local government system in Ibadan, Egba, Ekiti and Oyo empires just as both were different from smaller districts, villages and wards that were subject to the kingdom and emirate government.

And since the modernisation of local government whether as a tool for promoting democracy and participation at the grassroots level, offering the local people the opportunity to manage their affairs or performing the role of efficient delivery of services, such as local roads, distribution of water supply, housing for low income groups, health services, agriculture, the regions or states have always performed the supervisory role for the LGAs.

Many therefore see the whole idea of a third tier of government independent of states they constitutionally report to as part of ‘military command and control strategy’ to undermine the states just as the whole idea of sharing among such arbitrarily created states funds that constitutionally belong to the states was born out of military age-long practice of sharing spoils of war of conquered territories.

It is for instance on record that it was Professor Chukwuma Soludo who, as CBN governor, first pointed out that Nigeria was the only know federal state where the centre funds LGAs that do not report to it.

And this is exactly what many believe to be the source of massive corruption and lack of productivity in the local government. It is a well-known fact that even with the supervision of state governments, councillors have been known to erect mansions within one year in office.

As observed by Ayo Fayose, former governor of Ekiti, “Go to the council meeting on Wednesday or Friday, you will not find 10 per cent of the staff of the local government in the office. They don’t come to work. When you make moves to bring them to book, they will be telling you, we will not vote for you. At the local government, everybody comes to collect money, even people who have left some states. They live somewhere else and money just hit their accounts”. One can only imagine what will happen now that we have been told the LGAs are no more answerable to the states.

For Seyi Makinde of Oyo State, the problem is neither local government autonomy nor of local government financial autonomy, all of which he dismissed as distractions. For him the problem is lack of productivity”. As far as he is concerned, “the judgment of the Supreme Court, about local government autonomy, financial autonomy, and all of that, is just a distraction…The issue is that we are not producing enough”.

But beyond corruption and lack of productivity by the LGs, what is at stake for informed Nigerian stakeholders is the re-enactment of the fundamental principles of true federalism as agreed by our founding fathers. And this is political rather than judicial.

For instance what else can we advance as he the reason why Kano before it was carved into Kano and Jigawa with 71 LGAs had the same population and the same 20 LGAs as Lagos, other than politics?

July 18, 2024
401 Osun LG Caretaker chairmen resign over Supreme Court verdict

Barely six days after the Supreme Court declared using Caretaker Committee to run local government councils as illegal, 401 members of the committee in Osun State have resigned their appointment.

Governor Ademola Adeleke in August 2023 appointed them to run Osun councils and extended their tenure for six months in February 2024.

The ex-chairman of the Association of Local Government of Nigeria, Osun State, Sarafadeen Awotunde, informed the action of the CTC members was hinged on the Supreme Court verdict.

He noted that all the 69 caretaker chairmen and 332 members drawn from different wards across the State have resigned since the Supreme Court has declared them illegal office occupants.

He said: “Since we already called them caretaker, I don’t think there is any appropriate word to use than that they resigned. Nobody sacked them.

“Caretakers have temporary time to spend. It means their time is over. If you look at it critically, you will see that the Supreme Court has given a verdict. So whatever is called caretaker now is illegal. So, there is nothing like a caretaker in Nigeria again.”

The resignation letter of chairman of Caretaker Committee for Odo-Otin local government area Adewale Adeyinka dated July 17th 2024 was obtained by The Nation on Wednesday.

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Adeyinka addressed the letter to Governor Adeleke and copied the Assembly to inform them about his resignation.

The letter titled: ‘Resignation from position of Chairman, Caretaker Committee, Odi-Otin Local Government Area’ reads: “I hope this letter finds you well. It is with a sense of duty and respect for our democratic principles that I write to tender my resignation from my position as Chairman of the Caretaker Committee for Odo-Otin Local Government, effective immediately.

“As I move on to pursue further opportunities to serve my people, I want to assure you that the good work we have started will not end. I remain committed to supporting the growth and development of Odo-Otin Local Government in any capacity I can.

“It has been an honor to serve, and I am proud of the progress we have made together. Thank you for your understanding and support.”

July 17, 2024
Let the Third Tier breathe: Implications of the Supreme Court verdict
- By Bayo Onanuga
The Supreme Court’s judgment on July 11, granting financial autonomy to the 774 local government areas and recognising them as the third tier of Nigeria’s governance architecture, was truly historic. It was perhaps the most remarkable judgment ever delivered by the apex court in recent times, as it used its power to interpret the law to give a different meaning to Section 162 of the Constitution.

Since 1999, governors have used this section to withhold and tamper with the funds federally allocated to the councils, using a joint account that has proven to be a honeypot of abuse.

Last Thursday, the Supreme Court described the payment of the allocations to the account as gross misconduct and scolded the governors for dissolving democratically elected councils and setting up caretaker committees.

The court ruled that caretaker committees are illegal and that councils run by them should not receive the federal allocation.

Henceforth, the court ruled that the allocations should go directly to the accounts of the 774 local councils.

Justice Emmanuel Agim, who read the lead judgment, said Nigeria runs a three-tier governance structure, where no one tier is subject to the whims and caprices of the other. He criticised the governors and the state assemblies for almost allowing the councils to go into extinction with their treatment of them.

The judgment was generally well received by Nigerians. According to reports, the verdict ignited jubilation by workers in some local council as they sang the praises of the Tinubu administration.

However, some Nigerians have criticised it as an ‘assault’ on Nigeria’s Federalism as it has rewritten Section 162. My simple response to this school of thought is: Must we allow the law to stand still while the local councils die? The Supreme Court also said as much: Since the governors were using the section to perpetuate unconstitutional acts, the court must ensure that the con stitution is not applied in a manner that supports its destruction.

In acknowledging the verdict’s import, former Vice-President Atiku Abubakar described it as a win for the people. In a post on X, Atiku wrote: “The court’s ruling is a step in the right direction and a major corrective action in greasing the wheels of national development across the country…The court’s verdict is in tandem with the core functions of the Supreme Court as an arbitration court between and among governments.”

Read Also: CITN backs Supreme Court ruling on local govt’s financial autonomy

President Bola Tinubu, whose government instituted the case, welcomed the Supreme Court’s decision, affirming the spirit, intent, and purpose of the Constitution regarding the statutory rights of local governments.

“My administration instituted this suit because of our unwavering belief that our people must have relief, and today’s judgment will ensure that only those local officials elected by the people will control the resources of the people. This judgment is a resounding affirmation that we can use legitimate means of redress to restructure our country and economy to make Nigeria a better place to live in and a fairer society for all of our people.”

President Tinubu noted that the provision of some essential amenities and public goods, such as the construction and maintenance of roads, streets, street lighting, drains, parks, gardens, open spaces, and other residual responsibilities, including community security, has been abandoned owing to the emasculation of local governments.

He said the court’s decision to grant financial autonomy to the councils and restate other constitutional principles reinforced the effort to enhance Nigeria’s true federal fabric for the development of the entire nation.

President Tinubu and his administration deserved the praise. President Tinubu has earned double appreciation as a defender of the local councils. As governor of Lagos, he sought the intervention of the same Supreme Court to establish the right of states to create councils in compliance with the provisions of the constitution. In a reverse role, as president, he has succeeded in seeking another intervention of the apex court to establish the right of the councils to survive and perform the role envisaged by the constitution.

Former President Muhammadu Buhari had sought to rescue the councils from the governors’ vice grip by using Executive Order 10, which he signed on May 22, 2020, to direct funds straight to the councils, the state legislature, and the judiciary. But the governors challenged his authority in a case filed at the Supreme Court. In a split judgment in 2022, the Supreme Court said President Buhari overreached his powers.

In his lamentation while signing the executive order, President Buhari said: “If the money from the Federation Account to the state is about N100 million, N50 million will be sent to the chairman (of local government), but he (the chairman) will sign that he received N100 million. The governor will pocket the balance and share it with whoever he wants to share it with. Then, the chairman of the local government must pay salaries. Go to hell with development. When he pays salaries, he will put the balance in his pocket. This is what’s happening in Nigeria.”

President Tinubu, his successor, sought to combat the problem constitutionally by suing the governors.

The Attorney General and Justice Minister, Lateef Fagbemi, approached the Supreme Court in May, seeking to compel the governors of the 36 federating states to grant full autonomy to local governments in their domains in a suit marked SC/CV/343/2024. The suit, anchored on 27 grounds, accused the state governors of gross misconduct and abuse of power. He prayed that the Supreme Court would make an order stating that funds standing to the credit of local governments from the Federation Account should be paid directly to the local governments rather than through the state governments.

The justice minister also requested an order restraining governors, their agents, and privies from receiving, spending, or tampering with funds released from the Federation Account for the benefit of local governments when no democratically elected local government system is in place in the states.

The court granted his prayers in the landmark ruling of July 11

President Tinubu has always been concerned about the lack of governance at the grassroots. He believes that without fixing the problems at the councils, the objective of developing the country and spreading prosperity to the 200 million people will never be achieved. After all, the councils where the 200 million people live have been financially handicapped by the governors. He made the point clearly when he met in Abuja with the leaders of the Arewa Consultative Forum on May 30, about the same period when the Justice Minister approached the Supreme Court for the correct interpretation of Section 162.

President Tinubu, responding to the ACF’s demands for more roles by the Federal Government, urged the leaders to summon the governors. He said Nigeria, as a constitutional democracy, has not allowed the councils where we all live to flourish, citing the absurdity of politicians going to the locals for votes only to abandon them and leave for the capitals and Abuja after winning their votes.

As Nigerians celebrate the historic judgment, it is clear that some work still needs to be done to bring life back to the councils. One issue being raised is how to ensure that the council elections are truly competitive and not predetermined by the governors and the state independent electoral commissions. To solve this, some Nigerians have urged the National Assembly to pass a law that will require only the central Independent National Electoral Commission to conduct council elections.

The other problematic issue is the fear that governors will not allow the Supreme Court ruling to affect their domains, as they can always order the councils to send the money received from the Federal Accounts Allocation Committee back to the state coffers. Again, a solution to this possible abuse has been proffered. The EFCC, ICPC, and NFIU should prevent this by monitoring the councils’ accounts. While the governors enjoy immunity to cover their actions, the council chairmen and councilors do not have such cover as they can be arrested, tried, and jailed. The threat of arrest and prosecution can deter local political actors from collaborating with the governors.

In conclusion, while Nigerians await the full implementation of the Supreme Court verdict, one needs to appeal to the powerful governors to allow the councils to breathe. It is in the interest of the states to allow the blossoming of the third tier of government as it was before 1999.

Here are some of the benefits that the states should not let slip away:

First, local governments will now have more control over their finances, which could lead to improved service delivery and governance at the grassroots level.

Second, with greater financial autonomy, local governments can provide better services to their constituents, such as healthcare, education, and infrastructure development. This will reduce the pressure on the state government from the people expecting such minimal provisions.

Third, the judgment could lead to greater accountability and transparency in local government administration.

As President Tinubu remarked after the landmark ruling, “The onus is now on local council leaders to ensure that the broad spectrum of Nigerians living at that level are satisfied that they are benefiting from people-oriented service delivery.

“The Renewed Hope Agenda is about the people of this country, at all levels, irrespective of faith, tribe, gender, political affiliation, or any other artificial line they say exists between us. This country belongs to all of us. By this judgment, our people, especially the poor, can hold their local leaders accountable for their actions and inactions. What is sent to local government accounts will be known, and services must now be provided without excuses.
- Onanuga is a Special Adviser to President Tinubu on Information and Strategy
July 17, 2024
AGF and Supreme Court

The Attorney General of the Federation and Minister for Justice (AGF), Lateef Fagbemi, SAN, has one more case deserving of the immediate attention of the Supreme Court even as Nigerians celebrate the recent judgment on the inviolability of democracy as the only acceptable system of governance at the local government level. Last week, the Supreme Court in a unanimous judgment by the full complement of seven justices, gave an unequivocal endorsement of Section 7 of the 1999 constitution (as amended).

Section 7 provides that “the system of local government by democratically elected local government councils is under this constitution guaranteed, and accordingly, the government of every state shall subject to section 8 of this constitution, ensure their existence under a Law which provides for the establishment, structure, composition, finance and functions of such councils.” Section 8 deals with creation of states and local government councils, and the consequential matters, including boundary adjustments. So, without equivocation, the constitution provides for the sanctity of democracy at the local government councils.

Sadly, since the end of the tenure of the first set of democratically elected local government officials in 2003, majority of the state governments employing extra-constitutionally means abrogated democracy at that level. Against the express provision of section 7, some state governors by subterfuge, introduced what they ingeniously refer to as caretaker committees to run the affairs of the local government councils. Even where chairmen and councillors of local government are democratically elected, some governors assuming powers which the constitution did not confer on them, capriciously dissolve local council administrations, and impose caretaker administrations, with the connivance of the state legislators.

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By resorting to caretaker administrations, a system of government not recognized by the 1999 constitution, the concerned governors, do grave violation to the provisions of section 1(2) of the constitution. The Justices of the Supreme Court were unequivocal in condemning such conducts and referred to them as gross misconduct, which is a ground for impeachment proceedings, under section 188(2)(b) of the constitution. Section 1(2) provides that “the Federal Republic of Nigeria shall not be governed, nor shall any persons or group of persons take control of the government of Nigeria or any part thereof, except in accordance with the provisions of this constitution.”

As if the coup de grace against the administrative organ of the local councils were not enough harm, the governors relying on the provision of section 162(5) and (6) of the constitution, appropriated their financial independence, by unlawful capture of the sums due to the local government councils, from the federal account. While agreeably subsections (7) and (8) are contradictory, the clear intentions of section 162, with respect to the allocations due to the local government councils, from the federation account, are reiterated by a combined reading of the provisions of subsections 3, 5, 6, and 7 of the section.

The clear intended meaning is what the Supreme Court affirmed in its landmark judgment, last week. That intention is that monies due to the local government councils from the federation account shall be paid over to the councils, without any pilfering, whether “on such terms and in such manner as may be prescribed by the National Assembly” as per subsection 7; or “on such terms and in such manner as may be prescribed by the House of Assembly of the state” as per subsection 8, both of section 162 of the constitution.

It is noteworthy that the Supreme Court perhaps relying on the Golden and the Purpose rules of interpretation creatively helped the lawmakers to make sense of the conflicting provisions in section 162 of the constitution. There are four major rules of interpretation, namely the literal rule, golden rule, mischief rule, and the purpose rule. The golden rule is resorted to where the words used in the statute would create absurdity, and so a secondary interpretation is resorted to, as the lawmakers do not make statutes that are absurd.

On the other hand, the purpose rule of interpretation, allows the judge to take into account the purpose and intention of the legislation, in its judgment, and not to be restricted to the strict and narrow interpretation of the words in the statute. The Supreme Court, as the apex court, is not just an adjudicatory institution, but also a quasi-law making authority, which can use the golden and/or purpose rules of interpretation to correct the absurdity in a statute like in section 162, which some state governors have used to unlawfully make the local government councils, worse than a department in their government house, as well as an avenue for corrupt enrichment.

As some have argued, the far reaching judgment of the Supreme Court may not conclusively cure the ailment in the local government administration, but this writer believes that it should have far reaching impact on the administration of local government funds, which had become an object of freewheeling bazar. The judgment effectively restricts the federal government from funding caretaker administrations, being an aberration to the constitution. It also, provided for direct payments to the local government councils, from the federation account.

While the judgment is not a cure-all medicament, it should impact positively on the administration of local government councils in Nigeria. The state governors who have commented on the judgment so far, have expressed willingness to abide by the judgment of the court, and the National Assembly, expectedly would enact the necessary general legislation to guide the administration of local government councils in the country. The AGF and the administration of President Bola Ahmed Tinubu (PBAT) deserve commendation for reining in state governments that are perennial abusers of the local government council administrations.

The next challenge I throw to the AGF and the Tinubu administration is to approach the apex court to interpret the provisions of the constitution on powers and control over public funds. Sections 80-84 and 120-123 of the 1999 constitution provides that all monies to be spent, either by federal or state executives, must be in accordance with provisions of an appropriation act, or otherwise authorized by the legislators. For this writer, it is an aberration that the executive expends huge chunk of either the federal or state resources without appropriation, under any guise.

As I have argued in the past, the so-called security vote, which the executive arm of government, at federal or state levels, and which many heads of departments of federal and state agencies have copied, remain an aberration to the provisions of the 1999 constitution (as amended). It is absurd, that elected officials, or appointed executives, in a democracy, would have at their disposal, humongous resources of the state, which they are entitled to spend at their whims and caprices, without oversight by another authority. I hope the AGF would accept this challenge in the interest of further deepening our democracy.

July 16, 2024
CITN backs Supreme Court ruling on local govt’s financial autonomy

The Chartered Institute of Taxation of Nigeria (CITN) has supported the Supreme Court ruling affirming financial autonomy of local governments in the country.

In a statement, CITN Acting Registrar/Chief Executive, Afolake Oso, lauded the Federal Government led by President Bola Ahmed Tinubu, through the Attorney-General and Minister for Justice, Lateef Fagbemi, for the bold step taken towards instituting the court action.

CITN said the ruling underscored the administration’s commitment to ensuring that all tiers of government are empowered to perform their statutory roles and responsibilities as provided by the constitution.

“The ruling of the Apex Court which is a positive development must be commended because it holds a lot of promise for improved governance and development at the grassroots level.

“It is also a call to service for leadership at the various local Councils as they will have greater control over the resources of the local government thereby, allowing for structured planning and development,” she said.

According to her, more than ever before, more accountability, prudence and transparency is required from the players at the local level, toward ensuring judicious use of resources for prompt payment of salaries of workers, provision of health and social services, educational facilities, infrastructural development amongst others.

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Oso said the financial autonomy for local government including appropriate reforms would enhance economic activities leading to improved employment generation, reducing rural-urban migration and level of criminality at sub and national levels.

“Above all, this will promote fiscal federalism and true autonomy at the sub-national level thereby enhancing delivery of democratic dividends to the populace.

“As an Institute devoted to promoting a professionalised tax system, we expect that this development will curb the unwholesome and uncivilised practice of touting and using non-state actors in revenue collection at the local governments, which arises from an unstructured political and ineffective tax system,” she stated.

Oso said this practice, although aimed at augmenting poor revenues, leaves the system very inactive. “The Institute, therefore, urges Chairmen of local governments to commit themselves to ensuring civil approaches in the collection of taxes and levies due to the local government within the confines of the laws of the land and to allow the proper functioning of the Local Government Revenue Committee, she said.

Oso said the rule of law must be upheld in the collection of these levies and taxes including the need to deploy technology and well-trained officers for greater accountability and enhanced collection.

“CITN thus, requests the cooperation of local government chairmen and officials in the implementation of the yet-to-be-released tax reforms being proposed by the Presidential Committee on Tax and Fiscal Policy Reforms headed by Taiwo Oyedele, which have great promises for all the tiers of government.

“Ultimately, Nigerians would be better off when development permeates all segments of the society resulting from these reforms,” she said.

July 16, 2024
Supreme Court ruling: Makinde invites stakeholders meeting

Oyo State Governor Seyi Makinde yesterday summoned an emergency stakeholders’ consultative meeting of interest groups to tinker on the way forward on the recent ruling of the Supreme Court, which granted financial autonomy to local governments.

The governor, who also set up two committees- Technical and Legal- to review the apex court judgment, expressed displeasure at what he referred to as “lacuna”, which existed in the court decision.

Addressing the stakeholders before a closed door session with members of the committees at the Executive Chamber of the Governor’s Office, Agodi State Secretariat, Governor Makinde said the stakeholders’ engagement was to discuss the decision of the Supreme Court as it concerned financial autonomy for the local governments.

The committee was given four weeks to present its report to the government.

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Some of the stakeholders who attended the meeting include members of Oyo State chapter, Association of Local Government of Nigeria (ALGON), Attorney General of the State and Commissioner for Justice, Abiodun Aikomo, Commissioner for Local Government and Chieftaincy Matters, Otunba Ademola Ojo and Chairman, House of Assembly Committee on Local Government and Chieftaincy Matters.

Others in attendance are representatives of the Nigeria Labuor Congress (NLC), Trade Union Congress (TUC), Nigeria Union of Local Government Employees (NULGE), Nigeria Union of Pensioners (NUP), Nigeria Union of Teachers (NUT), among others.

Lamenting the challenges the judgment portended for state governments, Makinde said the problem confronting the country was not how to share money, but how to become more productive and create economic prosperity, noting that before his administration came on board, leave bonuses were last paid in 2017.

July 16, 2024
CSO hails Tinubu, Supreme Court over judgement on LG financial autonomy

A Civil Society Organisation (CSO), the Nigerian Masses Alliance For Local Government Autonomy (NALGA), has lauded President Bola Ahmed Tinubu’s administration and the Supreme Court for making local government across the country see the light of the day.

The group noted that the decision of President Tinubu to change narrative of local governments was an indication of doggedness, absolute resolve, sincere commitment and uncommon passion for grassroots governance as a panacea for overall development of the nation and every Nigerian state.

A statement jointly signed by NALGA national President, Com. Olaniyan Adewale and it’s National General Secretary, Com. Sodiq Sonibare described the judgement as transformation that will herald drastic and radical change that will redirect fortunes of local government and people at the grassroots.

The group maintained the Supreme Court Judgment will formalise total administrative and financial independence of local government from the aged long shackles of governors across the nation.

The statement reads,”It is with a delightful heart, joy and deep sense of gratitude that we join millions of Nigerians, particularly the Grassroots Masses in the 774 LGAs of the Nation to celebrate the long overdue ‘Democratic Victory’ in our democratic journey and history orchestrated by the landmark judgment of 11 July, 2024 by the Supreme Court of Nigeria.

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“While this ‘Mother of democratic victory ‘ is being celebrated, we, under the aegis of the Nigerian Masses Alliance for Local Government Autonomy, an umbrella body and civil society group, who have over the years stood as vanguards and advocates of this struggle owe it a sacred duty to give Credit and Honour to the Number One Citizen of this great Nation, President Bola Ahmed Tinubu, GCFR, who has shown doggedness, absolute resolve, sincere commitment and an uncommon passion for grassroots governance as panacea for the overall development of the nation and the Nigerian State.

“An autonomous, independent Local Government is the closest arm of government to the people that understands the people at the grassroots level and is able to deliver on the individual needs of those small communities.

“We state with every emphasis that indeed, this development is transformational and heralds a drastic and radical change that will redirect the fortunes of the local governments and the grassroots masses.

“It is specifically a significant victory for the grassroots masses of Nigeria and this affirms Mr. President’s ‘Renewed Hope Agenda’ for Nigeria and Nigerians.

“The Renewed Hope Agenda is truly manifesting positively for the good of democracy and it will impact on the common man at the grassroots which is the bastion of democracy and development.

The civil society organisation boasted its delight in the judgement which it said had been its struggle for years as only through this the anticipated development at the grassroots and the country at large will come to play, including security and talent discovery and development of the common man, describing President Bola Ahmed Tinubu a true democrat.

“Mr. President, we of the Nigerian Masses Alliance for Local Government Autonomy (NALGA) are a long time advocates of Local Government Autonomy, a struggle we have steered overtime with true commitment, sacrifice and equal passion (as yours).

“For a fact, the Supreme Court judgement has ‘put paid’ all our years of struggle and clamour, which effort came close to fruition in the year 2022, when then President Mohammadu Buhari proclaimed the ‘Administrative Order 10’ Granting Financial Autonomy to Local Governments, but which was immediately overturned by the Supreme Court then following a Suit filed the then Governors of the 36 States.

“Today, the dynamics have changed and history has been made as a finality to decades of abuse, emasculation and bastardization of the ‘Third-tier’ of Government of the Nigerian Federation. True democracy is here to stay, courtesy of the ‘True Nigerian democrat’, President Bola Ahmed Tinubu, GCFR (The Renewed Hope Advocate) of the Nigerian polity since independence.

“Suffice to again state that, this unprecedented development provides and will enable a ‘new political landscape ‘ in the Nigerian democratic experience. ‘Yes the poor grassroots masses can now breathe’. It is time for real grassroots development. This guarantees service delivery, grassroots security and self-discovery for the common man.”

NALGA also called the National Assembly to perfect the grey area in the nation’s constitution which still requires cogent and concurrent amendment to performance of the law in line with the Supreme Court Judgment as to avoid any form of ‘shortchanging’ or circumvention of the local government and restrict Governors by all means, against administrative interference.

July 15, 2024
Buratai hails Supreme Court’s ruling

Former Chief of Army Staff, Lt. Gen. Tukur Buratai (rtd), has hailed the judgment by Supreme Court, granting financial autonomy to local governments.

In a statement, Buratai, who served as ambassador to Benin, said it is a radical change to redirect fortunes of local governments.

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He lauded Federal Government for the initiative and praised the judges for upholding justice.

“This is a radical change that will redirect fortunes of local governments. I commend Federal Government under President Bola Tinubu for instituting the case in Supreme Court and praised the court for this judgment,” Buratai said, adding “Tinubu’s Renewed Hope Agenda is working positively for democracy.”

July 15, 2024
LG caretaker committees: Anxiety in states over Supreme Court verdict
- Workers raise the alarm over payment of salaries
- Oppositions parties dare governors over judgment
- Judgment will enhance accountability at grassroots – Falana
- Omo-Agege seeks constitutional amendment on LG autonomy
- Tinubu has liberated LGs from govs’ suffocation, says Ndume
Uncertainty surrounds the fate of local government caretaker committees in 20 states of the federation following Thursday’s Supreme Court judgment that outlawed their existence.

In the landmark judgment, the apex court granted local governments both administrative and fiscal autonomies, declaring that they can only be governed by democratically elected councils.

The situation has left not only officials of the caretaker committees but also workers and contractors wondering what fate awaits them, especially with the declaration by the Attorney General of the Federation and Minister of Justice, Prince Lateef Fagbemi, that the judgment would take immediate effect.

Among states where local governments are governed by caretaker committees are Ondo, Anambra, Jigawa, Rivers, Zamfara, Benue, Plateau, Abia, Enugu, Katsina, Kano and Sokoto.

Others include Yobe, Osun, Delta, Akwa Ibom, Cross River, Kwara, Imo and Bauchi.

Workers in some of the affected local governments are worried about how to receive their entitlements if the federal government makes good the directive that funds should not be sent to local governments without democratically elected officials.

Local government workers in Enugu State yesterday said they were hoping that the state would not be treated as one of those without democratically elected local government officials.

They also expressed hope that the federal government would not stop the monthly allocations given to the 17 local government areas in the state on account of running the councils with unelected officials.

But the President of the National Union of Local Government Employees (NULGE), Comrade Udoagha Ani, who spoke to our correspondent in Enugu, said the reason for the workers’ expectations was because Enugu’s case was slightly different from other states where caretaker committees are being used to run the LGAs.

According to him, civil servants, who are the heads of personnel management (HPM) are currently in charge of the 17 LGAs in Enugu State in acting capacity till October 5, 2024 when the local government elections would be conducted.

While admitting that there could be serious problems in the system if allocations to the local government areas in the state were withdrawn, Ani expressed confidence in the ability of the state government to handle the situation without causing any problems.

He said: “I want to believe that the officials of the state government in Enugu State are smart and will know what to do.

“Before the sharing of the next allocation and payment of next salaries, the state government should know what to do to ensure that the entire system is not thrown into chaos.

“This is because the judgment was emphatic that no allocation should be given to any local government that is not democratically elected. That could be a problem.

“I’m aware that Enugu State has slated their local government elections for October 5 this year. Let’s see whether this can help them fast track it.

“We believe that in the days ahead, there will be a lot of discussions and underhand dealings so that it will not begin to affect the helpless workers of the local government in terms of payment of their salaries.

“If allocations are not sent to Enugu LGAs, it could create serious problems in the system. But I trust those in authority

“I think the focus is mainly on the obnoxious caretaker arrangements being put in by the state governors.

“But, Enugu’s case is a different ball game. There’s no caretaker in place. What we have is that civil servants are in charge. We expect that Enugu maybe exonerated from that”.

The President of Rivers State Chapter of the Nigerian Union of Local Government Employees (NULGE), Clifford Paul, said yesterday that the union would seek proper explanation of the Supreme Court order on council allocation with a view to understanding how it is going to affect NULGE members.

Local government employees in Plateau State yesterday expressed mixed feelings over the judgment of the Supreme Court which granted autonomy to local governments across the country.

Some expressed fears that their salaries could be suspended until elected local government executives are in place.

The good news, however, is that the Plateau State Government has scheduled council election for October 9 this year. But no one is sure whether the monthly allocation from the federal government would be released to councils in the three months before the date.

One LGA official: Joel Madaki said: “We are just in trouble. We may have to be in fasting mode for the next three months because the Supreme Court has given the final verdict.

“I am particularly pleased with the Supreme Court judgment, but it is coming with unfavorable condition.”

A staff of Jos North LGA, who pleaded anonymity, said: “I wish the same government will conduct their LGA election this month. If not, we are in trouble if we have to wait till October.

“I just pray that that the federal government will not implement the Supreme Court judgment immediately”

Another LGA staff, who identified herself simply as Margaret, said: “We have to plead with the state governor to bring the date of their election to August, if not many people will not survive.

Osun LG workers seek recall of elected executives sacked by Adeleke

Local government workers in Osun State have urged Governor Ademola Adeleke to reinstate the sacked elected executives following Thursday’s Supreme Court judgment.

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Adeleke had upon assuming office sacked the LG executives elected during the administration of Adegboyega Oyetola.

A worker with the local government in Iwo, Ade Lateef, said: “With the verdict of the Supreme Court, I doubt salary payment in July.

“I urge Governor Adeleke to recall the sacked elected executive for smooth running of the council.”

Another worker, Mrs Adebisi, said: “The Governor should be diplomatic with the situation at hand.

“He should play mature politics by recalling the sacked elected officers.

“At least they have one more year to expiration of their tenure.”

Also, the leadership of All Progressives Congress (APC) in Osun State, through its chairman, Tajudeen Lawal, said the judgment on local government autonomy favours executives elected under the administration of Adegboyega Oyetola.

He said: “All the appointed caretaker chairmen by Governor Ademola Adeleke have become a bunch of illegality in the eyes of the law of the land.”

In Benue State, there were calls by the Peoples Democratic Party (PDP) to immediately dissolve the caretaker committees in the states local governments.

Hailing the Supreme Court judgment in a statement signed by its Publicity Secretary, Chief Bemgba Iortyom, the party said: “We call on Governor Hyacinth Alia to dissolve the caretaker committees in the 23 local government councils in the state with immediate effect, in compliance with the judgment of the apex court.

Recalling that Governor Alia had dissolved the elected councils for the local government areas of the state on assuming office, Iortyom said the action of the governor amounted to a disregard for numerous court judgments, noting that he has since continued to run the councils through caretaker administrations.

We’re studying situation, says Kano govt

Kano State Government yesterday said it was meticulously studying Thursday’s Supreme Court judgment that granted financial autonomy to the 774 local government councils in the federation.

With the latest Supreme Court verdict, it is illegal for any state to run local government areas with caretaker committees, the apex court ruled.

However, Kano is among the 20 states where caretakers are steering the affairs of local government councils.

The Kano State Commissioner for Information, Baba Dantiye said the state government’s lawyers were studying the judgment in order to advise the state properly on what to do.

“Government is studying the situation and awaiting the lawyers to dissect the judgment,” he told our correspondent through SMS while fielding questions from The Nation on the judgment.

Omo-Agege seeks constitutional amendment on LG autonomy

The immediate past Deputy Senate President, Senator Ovie Omo-Agege, yesterday described the Supreme Court judgment that gave financial autonomy to the 774 local governments across the country as victory for accountable governance.

mo-Agege in a personally signed statement made available to reporters in Warri by his media adviser, Sunny Areh, said the judgment gives the much needed life to good democratic governance at the grassroots.

He said, however, that to make the judgment impactful and guarantee the credibility of elections into local councils across Nigeria, the Constitution needed to be reviewed to transfer organisation of elections at the third tier to the Independent National Electoral Commission (INEC).

Omo-Agege said: “Standing firmly once again as the final, infallible judicial protector of the rule of law and constitutional order in our nation, the Supreme Court of Nigeria today delivered a bold, incisive and highly consequential judgment upholding the well-founded constitutional suit of the Federal Government ably led by His Excellency, President Bola Ahmed Tinubu, GCFR on the critical need to guarantee full financial autonomy to the 774 Local Government Areas (LGAs) in our Federal Republic.

“By this unanimous landmark lead judgment, delivered by the highly cerebral Honourable Justice Emmanuel Agim, JSC, the full erudite panel of seven Noble Lords of the Supreme Court gave the much needed life to good democratic governance at the grassroots of our democracy.

“It is a good day for our democracy and constant desire for accountable governance at all levels in the polity.

“Objectively considered, it can be easily said that today’s reasoned decision by their Lordships of the Supreme Court is a great win for all Nigerians, without exception.

“Even those who may have opposed the patriotic spirit and overriding national interest that fuelled the action instituted by the Attorney-General of the Federation and Minister of Justice, the highly respected Prince Lateef Fagbemi, SAN, should easily come to terms with the truth that this judgment is good for the nation.

“The nation desperately needs unfettered financial autonomy for our LGAs to enhance their constitutional mandate to deliver good governance, provide qualitative basic amenities, and build robust human capital development across the country.

“By affirming the full financial autonomy of the LGAs; restating that our LGAs can only be governed on the basis of proper democratic elections; declaring the appointment of LGA caretaker committees as a glaring constitutional aberration; declaring that no House of Assembly of a State has the power to make laws interfering with the finances of the LGAs; and consequentially directing the Federal Government to pay monies for the LGAs directly to them from the federation account, the Supreme Court commendably touched positively on the very justice of serious substantive issues that have become popular agitations by vigilant citizens over the years.

“The Court’s progressive interpretation of the law is profound, patriotic and worthy of serious applause.

“It needs to be said that as profoundly far-reaching and helpful as today’s judgment sounds, its benefits may not fully crystalise for the good of the nation until the Constitution of the Federal Republic of Nigeria (1999) is further altered to guarantee the conduct of credible elections into the LGAs by the Independent National Electoral Commission (INEC).

“The nation must accept the whole truth that the perennial charade happening in many states in the name of LGA elections is unsustainable. We must terminate that collective shame and evolve a new electoral order that will produce credible leaders that will responsibly and judiciously manage the relative huge resources that will soon start flowing to the LGAs.

“As patriotic citizens, we owe ourselves and the nation an eternal duty of vigilance to sustain our hard-earned democracy. This demands constant vigilance and healthy contestations to enrich the soul of our democracy as demonstrated by the Federal Government in submitting this action to the original jurisdiction of the Supreme Court for civilised interpretation and healthy answers. Now that the answers have come, may the nation be better for it.

Tinubu has liberated LGs from governors’ suffocation —Ndume

The Chief Whip of the Senate, Mohammed Ali Ndume, commended President Bola Ahmed Tinubu for the court action at the Supreme Court that has now liberated local government

areas in the country from the financial stranglehold of state governors.

In a statement made available to newsmen, Ndume described the judgment as the biggest achievement of President Tinubu so far since he assumed office in May 2023.

The Borno South lawmaker also called on President Tinubu to immediately commence the implementation of the court judgment, noting that the people at the grassroots must begin to feel the impact of good governance.

The former Leader of the Senate said since state governors hijacked local government administration in Nigeria by relying on a controversial section of the 1999 Constitution as amended, no meaningful development has happened at the grassroots.

He said: “This court action instituted at the behest of President Bola Ahmed Tinubu is the biggest achievement of his achievements. I’m very happy about the development, and I’m hoping that this will be the beginning of the liberation of local governments in Nigeria.

“I urge the President to immediately commence the implementation of the court judgment. Local Government Councils need to start getting their monthly allocations immediately without any further delay.

“The people at the grassroots level will begin to feel the impacts of good governance now.

“The National Assembly made several attempts to amend the 1999 Constitution and address this grey area. But governors didn’t allow the State Assemblies to give the constitutional concurrence. That was how the attempts failed.

“President Muhammadu Buhari also tried to intervene. Governors didn’t allow him. With this Supreme Court judgment, the issue has finally been rested. No more unnecessary deductions from funds earmarked for local governments.

“The people can now hold the Council chairmen accountable on how they spend their monthly allocations. They’ll begin to demand true accountability and judicious use of the funds they’ll be getting. I salute the courage of President Tinubu.”

Judgment, relief from financial burden to states —NGF

The Nigerian Governors Forum (NGF) has described Thursday’s Supreme Court’s judgment granting financial autonomy to local governments as a relief from financial burden to state governments.

The Chairman of the NGF and Governor of Kwara State, AbdulRahman AbdulRazaq, who expressed this position on behalf of his colleagues while speaking to journalists at the State House yesterday, however welcomed the judgment, assuring of compliance by state governments.

AbdulRazaq, who was flanked by the governors of Imo, Hope Uzodinma, and Bauchi, Bala Mohammed, stated that the judgment is a devolution of power that relieves governors of the significant financial burden of bailing out local governments, an expense that he noted many Nigerians are unaware of.

While acknowledging the need for compliance, the NGF Chairman revealed that state Attorney-Generals have applied for the enrollment order, which he said would be carefully studied.

“We welcome the ruling of the Supreme Court. Compliance is a given and our Attorney-Generals have applied for the enrollment order, which we’ll study carefully.

“But by and large, governors are happy with the devolution of power in respect to local government autonomy. It relieves the burden on governors. Our people really don’t know how much states expend in bailing out local governments, and that’s the issue there.

“The forum will meet next Wednesday look at the issue wholly and then come up with a resolution on that.

“Like I said, we haven’t seen the enrollment of the court order and so we really don’t know what is in there,” he stated.

As for Kwara State in particular, AbdulRahman said the judgment will not negatively affect it as the state government has not been tampering with council funds.

“It’s not going to affect the state. We’ve never tampered with local government funds. So it’s going to continue.

“What the local governments have to do is to manage themselves, especially with the oncoming minimum wage, to manage their affairs and make sure salaries are paid, traditional rulers get their 5% and those are the main issues,” he said.

Asked for the reason of their visit to President Bola Ahmed Tinubu, the NGF Boss disclosed that they were in the house to discuss various issues with the President.

“We’ve seen the President on various issues from minimum wage, which he met with labor yesterday, the Supreme Court ruling and other national issues that concerns states as well. It’s omnibus,” he said.
July 13, 2024
Group hails Supreme Court verdict on LG autonomy

Charleston Foundation For Youth Development, Osogbo, Osun State, has hailed the recent judgment by the Supreme Court that granted financial autonomy to local governments in the country.

A statement issued in Osogbo by the Executive Director of the Foundation, Charles Adeyemi, read in part: ”I take this moment to commend the Supreme Court of Nigeria for upholding its responsibility as the ultimate refuge for the common man. It is disheartening to witness governors, who have sworn oaths to defend the interests of the people, acting contrary to this creed.

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”The Supreme Court’s verdict on local government fiscal autonomy reveals that with time, change is inevitable. In the same spirit, I commend President Tinubu for championing grassroots democracy. True nation-building and transformation begin at the grassroots, and it is inspiring to see someone boldly pushing for it.

‘’While this development calls for celebration, I urge all stakeholders, including the media and organized civil society organizations, to remain vigilant. Some governors may now resort to coercive tactics to force local government chairmen to remit allocations back to them. The EFCC must begin probing the initial funds allocated to local governments and investigate their mismanagement. Former governors must be held accountable for how and where money meant for local governments was disbursed.”

July 13, 2024