. says governors lack constitutional power to withhold councils’ funds, dissolve LGs
. nullifies JAAC, orders direct payment to LGs
The Supreme Court on Thursday, declared that it is unconstitutional for state governors to hold on to funds meant for Local Government administrations.
Also, it barred governors from dissolving democratically elected Local Government councils in the country.
It declared in a landmark judgement that doing so, would amount to a breach of the 1999 Constitution.
In its lead judgement, read by Justice Emmanuel Agim, the apex court observed that the refusal of state governments on financial autonomy for local governments has gone on for over two decades.
Justice Agim said that local governments has since stopped receiving the money meant for them from the state governors who act in their stead.
He ordered that the 774 local government councils in the country should manage their funds themselves.
He dismissed the preliminary objections of the defendants (state governors).
In the suit filed by the Attorney-General of the Federation (AGF), Mr. Lateef Fagbemi, SAN, the Federal Government sought an order preventing the governors from arbitrarily dissolving democratically elected councils.
The suit by the AGF was on 27 grounds.
Justice Agim said the AGF has the right to institute the suit and protect the constitution.
The apex court consequently directed that Local Government allocation from the Federation Account should be paid directly to them henceforth.
The 36 state governors, defendants in the suit, opposed the AGF for instituting the case.
The Supreme Court, however, said the defendants (governors) just wasted their time in the suit.
The highest court of the land also granted financial autonomy to the 774 local government councils in the country.
It scolded governors for their decades-long refusal of autonomy for local governments.
The Court dismissed the preliminary objections of the defendants (state governors).
The apex court directed that Local Government allocations from the Federation Account should be paid directly to them henceforth, and not to state government coffers.
Justice Garba Mohammed Lawal had on Thursday, June 13, reserved judgment in the suit and announced that parties in the matter would be communicated once the judgment is ready.
Justice Lawal, who led a 7-man panel of Justices of the Apex Court, announced the reservation of the judgment after the Federal Goovernment and the governors presented their cases for adjudication.
The Attorney General of the Federation (AGF) Prince Lateef Fagbemi, SAN presented the case of the Federal Government, while the 36 state governors presented their own cases through their lawyers.
