…The case initiated in May by the AGF, Lateef Fagbemi (SAN) had urged the Supreme Court to issue an order, prohibiting state governors from unilateral, arbitrary and unlawful dissolution of democratically elected LG Officials
THUR JULY 11 2024-theGBJournal| Nigeria’s Supreme Court dealt a major blow to State Governors on Thursday, by ruling that all 774 Local Government Areas (LGAs) of federation allocations should be paid directly from the Federation Account.
The judgement delivered by lead Justice, Emmanuel Agim, also ruled that it is unconstitutional for State Governments to retain and use allocations meant for the Local Governments on their behalf without transferring same to them as provided in Section 162 (3) of the Federal Constitution.
The ruling potentially opens the door for local government councils to have a sole right to control their funds without inhibition from State Governors.
The case initiated in May by the AGF, Lateef Fagbemi (SAN) had urged the Supreme Court to issue an order, prohibiting state governors from unilateral, arbitrary and unlawful dissolution of democratically elected LG Officials.
The AGF also urged the Supreme Court to the credits of LGs to be directly paid to them from the Federation Account in line with the provisions of the Constitution.
The order equally sought an order of injunction restraining the governors, their agents and privies from receiving, spending or tampering with funds released from the Federation Account for the benefit of the Local Government as well as stopping State Governors from constituting caretaker committees to run the affairs of Local Governments as against the constitutionally recognized and guaranteed democratic system.
The AGF in suit asked the Supreme Court to invoke Sections 1, 4, 5, 7 and 14 of the Constitution to declare that the State Governors and State House of Assembly are under obligation to ensure a democratic system at the third tier of government in Nigeria.
Recall that the Supreme Court had given the 36 State Governors seven days to file their defense.
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