January 9, 2025
Court

The Supreme Court has reserved its judgment on the Federal Government’s suit seeking full autonomy for Nigeria’s 774 Local Government Areas (LGAs). A seven-member panel, led by Justice Garba Lawal, made the decision on Thursday after hearing arguments from the attorneys-general representing the 36 states.

The states’ attorneys-general called for the dismissal of the suit, arguing that the Attorney-General of the Federation (AGF) and Minister of Justice, Prince Lateef Fagbemi, SAN, lacked the legal standing to initiate the action. They also claimed that the AGF violated their right to fair hearing by not providing them with a copy of a further affidavit filed in support of the suit.

Several states asserted that they already had democratically elected local government officials, suggesting the Federal Government’s suit was an abuse of judicial process.

After considering the arguments, the Justice Lawal-led panel announced that the judgment date would be communicated to the involved parties.

The Federal Government, in the suit marked SC/CV/343/2024, sought the Supreme Court’s approval for full autonomy for LGAs as the third tier of government. The FG requested orders to prevent state governors from dissolving elected local government leaders unilaterally and to ensure that funds allocated to local governments are directly channeled to them from the Federation Account, circumventing state-controlled joint accounts.

The FG also requested an injunction to stop governors from appointing caretaker committees to manage local governments, arguing that this practice violates the Constitution’s guarantee of a democratic local government system. The FG emphasized that Nigeria’s federal structure, established by the 1999 Constitution, mandates the President to uphold and enforce constitutional provisions.

Additionally, the Supreme Court on Thursday rejected applications from some state Speakers of the Houses of Assembly who sought to join the case as interested parties.

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