…As Sanwo-Olu insists FG joined Lagos in suit erroneously
By Matthew Denis, Abuja
The President of Trade Union Congress (TUC), Comrade Festus Osifo and his counterpart from the National Union of Local Government Employees (NULGE), Ambali Olatunji have applauded the Federal government over the suit instituted against the 36 states Governors on local government full autonomy.
Cmr. Osifo described the state Governors as emperors destabilising and stifling Local Government resources.
He said, “It is a welcome development, LGA has been destabilised and stifled by the Governors who act like emperors in their respective states.”
On his part, the NULGE President said, “The suit is long overdue and demonstrates a strong political will to fix Nigeria by President Bola Ahmed Tinubu’s Administration as it will genuinely allow dividends of democracy to permeate all strata of Nigeria.”
According to him, the autonomy of Councils will also address issues like community security, infrastructural gap, positive growth and developments at community level, promote efficiency, address corruption and ensure bottom up approach to development.
Cmr. Ambali revealed that the NULGE will be interested to join the suit capable of freeing Local Government from perpetual slavery by state political actors.
He said, “We are happy with this historic move by our courageous president in ensuring dividends of democracy for people at the grassroots.”
Also speaking, the Executive Director of Nigerian Workforce and Enlightenment Center (NIWOSEC), Dr. David Kayode Ehindero said, “The legal action taken by the Federal Government against the State Governments regarding Local Government autonomy is a commendable step in advancing true democracy and honoring the will of the people.
“Pursuing a resolution through the interpretation of the Supreme Court is a necessary course of action, as the National Assembly has consistently passed the Local Government autonomy law. However, State Governors have prevented their State Assemblies from concurrently passing it, thus obstructing its implementation.”
The NIWOSEC Boss reiterated that this decisive move by the current administration demonstrates a firm commitment to the democratisation of Local Government in Nigeria.
Earlier, the Federal government yesterday filed a suit against the 36 states Governors at the Supreme Court granting full autonomy of the local government areas, stopping governors from further constituting Caretaker Committees to run the affairs of local governments as against the constitutionally recognised and guaranteed democratic system among others.
Recall that the FG has instituted a legal action against the Governors of the 36 States of the Federation at the Supreme Court over alleged misconduct in the administration of LGAs.
Among other things, the FG, in the suit marked: SC/CV/343/2024, which was filed by the Attorney General of the Federation and Minister of Justice, Lateef Fagbemi, SAN, is seeking full autonomy for all LGAs in the country as the third tier of government.
It specifically prayed the apex court to issue an order, prohibiting state governors from embarking on unilateral, arbitrary and unlawful dissolution of democratically elected local government leaders.
As well as for an order permitting the funds standing in the credits of local governments to be directly channelled to them from the Federation Account in line with the provisions of the Constitution as against the alleged unlawful joint accounts created by governors.
Besides, FG, prayed the Supreme Court for an order, stopping governors from further constituting Caretaker Committees to run the affairs of local governments as against the Constitutionally recognised and guaranteed democratic system.
It equally applied for 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 benefits of local governments when no democratically elected local government system is put in place in the states.
Governors of the 36 States were sued through their respective Attorneys General.
In the 27 grounds it listed in support of the suit, FG, argued that Nigeria, as a federation, was a creation of the 1999 Constitution, as amended, with the President, as Head of the Federal Executive Arm, swearing on oath to uphold and give effects to provisions of the Constitution.
It told the apex court: “That the governors represent the component states of the Federation with Executive Governors who have also sworn to uphold the Constitution and to at all times, give effect to the Constitution and that the Constitution, being the supreme law, has binding force all over the Federation of Nigeria.
“That the Constitution of Nigeria recognises federal, states and local governments as three tiers of government and that the three recognised tiers of government draw funds for their operation and functioning from the Federation Account created by the Constitution.
“That by the provisions of the Constitution, there must be a democratically elected local government system and that the Constitution has not made provisions for any other systems of governance at the local government level other than democratically elected local government system.
“That in the face of the clear provisions of the Constitution, the governors have failed and refused to put in place a democratically elected local government system even where no state of emergency has been declared to warrant the suspension of democratic institutions in the state among other sundry.”
However, Newdirect is in the know that the apex court however fixed May 30th, 2024 for hearing of the suit .
Meanwhile, Lagos State has clarified that it should have been left out of the legal action instituted by the Federal Government against Governors at the Supreme Court over alleged misconduct in the administration of Local Governments, according to Babajide Sanwo-Olu yesterday.
To Sanwo-Olu, it was a legal anomaly for the Federal Government to join Lagos in the Supreme Court matter, decades after the Local Governments in the State had been enjoying full autonomy.
Sanwo-Olu, who spoke in support of the suit, however said the Attorney General of the Federation should have identified those that were not in compliance with the law before filing a blanket lawsuit against all states.
The Governor spoke at the ongoing Justice Reform Summit organised by Lagos State Judiciary with the theme: “Enhancing the Administration of Justice for Economic Growth, Investment Protection and Security in Lagos.”
The summit, attended by the Attorney General of the Federation and Minister of Justice, Mr. Lateef Fagbemi, is being held at Marriott Hotels, Ikeja.
Sanwo-Olu said infringement on the local council autonomy was an affront to the spirit of the constitution to which the judiciary must make a clear interpretation for equity and fairness. He said a better justice system would protect the interests of parties and discourage actions limiting efficiency of any government entity.
He said, “It is interesting to read the news that the Honourable Minister of Justice and Attorney General of the Federation has sued all the 36 states because Governors did not give autonomy to the third tier of government. The only mistake, which I am going to tell our Attorney General, is that some of us are in compliance.
“The Attorney General should have done his due diligence to identify which states are not in compliance, so that we don’t sue all the 36 states together. You can determine which states are not violating the Constitution. If three, four or five states are in compliance, then you can sue the 31 states violating autonomy of the Local Governments. That is part of the back work that we need to do.”