The Supreme Court judgment that granted autonomy to local government councils in Nigeria has seen a bumpy ride to its full implementation. For this writer, who participated actively in the recent local governments’ election in Lagos State, the feedback on the election was a mixed grill. While a number of persons claimed that elections did not hold in their polling booths, it went smoothly were this writer voted. What is not in doubt is that the election was very peaceful, even though the turnout of voters was very poor.
Yet, we must commend Lagos State for consistently conducting local government elections when many states were afraid to conduct same in their states. Governors are afraid that council chairmen can undermine their grip on party politics and the resources that pass through the local governments in their states. Indeed, some governors in the past merely hand over monies for the recurrent expenditure to the local government chairmen, and go ahead to appropriate the rest as they please.
But on July 11, 2024, the Supreme Court in the case of A.G. Federation vs A.G. Abia and 35 Ors, SC/CV343/2024 effectively stanched that unlawful enterprise by the states. The landmark decision declared as unconstitutional, the practice of state governors, who withhold federal allocations due to local councils, dissolve elected local government officials or appoint caretaker committees to manage the affairs of local governments. The judgement declared that governors cannot withhold or tamper with allocations for local government from the federal government.
Many have argued that portion of the judgment is ultra vires the provision of section 162 (5) & particularly sub-section (6) of the 1999 CFRN (as amended) which provides that “Each state shall maintain a special account to be called “State Joint Local Government Account” into which shall be paid all allocations to the Local Government Councils of the state from the federation account and from the government of the state.” While clearly the apex court lacks the power to amend an existing law, it has the power to interpret laws, and such interpretation can have far reaching consequences on the application of such laws.
In the interpretation of section 162(5) & (6) of the constitution, the Supreme Court held that reading the constitution together, the intention of the legislature has been defeated by the erstwhile practice of federal government paying the allocation into State Joint Local Government Account, and ordered that such monies should be paid directly to the local government authorities. Of course, there is lesser ambiguity with respect to section 7 of the 1999 constitution which provides: “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”.
Since the provision on democracy at local councils is not controverted by anyone; every state in the country has chosen to obey. The Attorney General of the Federation, Lateef Fagbemi, SAN, has indicated federal government’s determination to enforce the judgment of the court. Osun State, which is presently at logger heads with the federal government, is defending an application to refund money earned, allegedly unconstitutionally. While it is prejudicial to comment on the matter before the court, the determination shown by the office of the AGF in that matter indicates what awaits any state that ignores the provision of section 7 of the constitution, on democracy, at local councils.
While Lagos has been consistent in conducting elections every four-year cycle in the state; with the recent autonomy, one wonders what will happen to the state created 37 councils, should any of the chairmen of the constitutionally named 20 Local Government Areas, seek to stretch the independence of the local council to its limit? This is because, the monies may in future, as held the apex court, be paid directly to the account of the constitutionally named local governments.
I have used the word constitutionally named advisedly, because in A.G. Lagos vs A.G. Federation, (2004) CLR 12(A) (SC), the Supreme Court did not declare as invalidated, the creation of 37 local council development areas by the Lagos State government, under then governor, Bola Ahmed Tinubu. It however stated that there must be legislative action by the federal legislature as provided in section 8(5) and (6) of the 1999 CFRN (as amended). Interestingly, while the constitution in section 8(3) places the responsibility for the creation of local governments within the purview of the state legislature, the required federal legislative action, if stretched, may require the amendment of the constitution to list the state created local government councils, which is a very difficult endeavour.
The 1999 constitution makes it extremely difficult, to alter the provisions of the requisite section 8 and portions of section 9. Section 9(3) provides: “An Act of the National Assembly for the purpose of altering the provisions of this section, section 8 or Chapter IV of this Constitution shall not be passed by either House of the National Assembly unless the proposal is approved by the votes of not less than four-fifths majority of all members of each House, and also approved by resolution of the House of Assembly of not less than two-third of all states.”
While watching the swearing in of the local government chairmen by Governor Babajide Sanwo-Olu, as obtainable in other states, I wondered at the propriety of state governors swearing in local government chairmen, if truly they are autonomous. The governor also went ahead to read out what the chairmen cannot do. As the leading state in the country, this writer and I believe many Nigerians, would be watching how Lagos will navigate the autonomy granted the local governments, by last year’s judgment of the Supreme Court.
Despite the judgment of the apex court, the information in the public space is that most governors are seeking ways to circumvent the judgment. Anambra State government passed a legislation which many have argued, seeks to circumvent the judgment of the apex court. Edo State, whose governor, from All Progressive Congress (APC), defeated the candidate of the Peoples Democratic Party (PDP), was welcome by hostile local government administrators elected few weeks earlier on the platform of PDP. He has been battling to realign the reality with his wishes, as a member of a different party.
No doubt, the expectations from the newly elected local government chairmen and councillors, in Lagos are high. Governor Sanwo-Olu mentioned that they have autonomy at the swearing in ceremony and most Nigerians know that they will have more money in their coffers, courtesy of the economic reengineering of President Bola Ahmed Tinubu’s administration. So, the expectations are much higher than in the past. As the saying goes, to whom much is given, much will be expected.
