ABUJA:Governor Charles Soludo of Anambra State and Senator Bassey Out of Cross River State announced Wednesday that they have accepted the Supreme Court’s decision, which granted financial autonomy to the nation’s 774 Local Government Areas, in good faith.
Nevertheless, attempts to speak with Abdulrahman Abdulrasaq, the governor of Kwara State and Chairman of the Nigeria Governors Forum (NGF), were unsuccessful as he avoided answering questions from State House reporters following his meeting with President Tinubu.
historic ruling
In a historic decision, the supreme court declared that governors’ retention of money intended for local governments is illegal.
Governors of the 36 states in the union are not permitted to accept, withhold, alter, or use money that are to the credit of local government regions, according to a unanimous ruling by the Supreme Court’s seven-member panel of judges.
yet, elicited conflicting responses.
Former Delta State governor Chief James Ibori said the ruling has severely damaged the nation’s federalism concept, even as President Bola Tinubu, former Vice President Atiku Abubakar, the National Union of Local Government Employees, NULGE, Socio-Economic Rights and Accountability Project, SERAP, Labour Party, LP, and Coalition of United Political Parties, CUPP, applauded the Supreme Court’s decision.
Recall that on May 24, 2024, the Federal Government petitioned the Supreme Court to grant local governments complete autonomy in a complaint bearing the case number SC/CV/343/2024.
Additionally, it asked the court to grant an injunction that would forbid state governors from removing democratically elected local government leaders in a unilateral, arbitrary, or illegal manner.
In addition, the federal government petitioned the Supreme Court for an order prohibiting governors from forming caretaker committees to manage local government operations in violation of the democratic system that is recognized and guaranteed by the constitution.
In the event that a democratically elected local government system is not established in a state, it also applied for an order of injunction prohibiting the governors, their representatives, and privies from accepting, using, or interfering with money released from the Federation Account for the benefit of local governments.
It said that the 1999 Constitution, as modified, is what created Nigeria as a federation and that the President, as the head of the Federal Executive Arm, took an oath to maintain and carry out the Constitution’s provisions.
Government holding of LG funds is unconstitutional.
The state’s highest court ruled yesterday that it is unlawful and unconstitutional for governors to keep receiving and seizing money intended for local government units (LGAs) in their states.
The “dubious practice,” which has persisted for more than 20 years, is blatantly in breach of Section 162 of the 1999 Constitution, as amended, the court claims.
The Supreme Court further concluded that no state’s House of Assembly has the authority to pass legislation that would give governors the authority to tamper with statutory allocations intended for council regions. Justice Emmanuel Agim offered the lead opinion in this decision.
The Supreme Court emphasized that the law required local government units (LGAs) to be led by democratically elected individuals and directed that money intended for councils be transferred directly to them from the federation account.
“A progressive reading of the law is necessary to meet demands of justice. This court holds that the federation may either pay LGA allocations directly to the LGAs or through the states.
The top court ruled, “In this case, justice of this case demands that LGA allocations from the federation account should henceforth be paid directly to the LGAs, since paying them through states has not worked.”
It also ruled that the governors’ nomination of caretaker committees to manage the LGAs’ operations was unlawful.
It was decided that the 36 states had a duty to guarantee democratic governance at the federal level.
As a result, the Supreme Court mandated that money from local governments that do not have democratically elected authorities in place be withheld going forward.
In addition, it forbade governors, their proxies, and privies from removing democratically elected local government officials from office in their states, stating that doing so would be a violation of the Constitution and a transgression.
Previously, the state governors’ preliminary arguments challenging the suit’s competence were rejected by the supreme court for being without merit.
It was decided that Prince Lateef Fagbemi, SAN, the Attorney-General of the Federation and Minister of Justice, is statutorily qualified to bring the case on behalf of the LGAs as the chief legal official of the federation.
The court further held that it had original jurisdiction to hear the case and make a decision under Section 232(1) of the 1999 Constitution, as amended.
Orji Kalu responded
Orji Uzor Kalu, the senator from Abia North, also reacted, saying: “The Supreme Court’s ruling is one that deserves to be praised and applauded, particularly for the judiciary’s courage and independence.”
As a policy court, the Supreme Court acted morally and in the best interests of society. Even while it can appear as state intervention, we should acknowledge that with the increased local government autonomy, the demands for an end to instability, kidnappings, and banditry have only just begun.
There is a flow of resources and activities in the local areas when local governments have complete financial authority. For instance, a significant factor in my administration’s success during my tenure as governor (1999–2007) was the independence of my local government chairmen.
The chairs of the local government awarded contracts to local contractors and constructed roads. The chairmen were able to fully accept accountability for the events within their local government, and the level of crime decreased dramatically.
Final and supreme judgment — Soludo
Anambra State Governor Charles Soludo called the ruling “great and final.”
Professor Soludo made this statement in an interview with State House reporters following his meeting with President Tinubu at the Presidential Villa in Abuja. The meeting was attended by the chairman of the Nigerian Governors Forum, Governor Abdulrahman Abdulrasaq of Kwara State, Governor Usman Ododo of Kogi State, and Prince Bassey Otu of Cross River State.
When asked how he felt about the Supreme Court’s decision to give local governments more autonomy, he responded, “That’s great.” Since I’m a Democrat, the Supreme Court is, in my opinion, the ultimate authority. I support the supremacy of the law.
“The Supreme Court is final in its opinions. The Governors Forum is probably gathering to discuss this. I haven’t personally seen the document. Though I’ve been quite busy all day, I have seen glimpses of it.
However, on a basic level, it is true that in order to function for the people at all levels of government—federal, state, local, and both—we require funding and resources to reach the grassroots.
Judgement rendered with sincerity — Governor Otu
Cross River State Governor Bassey, who met with President Bola Tinubu yesterday, also told State House media that the governors had made their decision with good intentions.
Regarding the Supreme Court ruling, Nigeria is a democratic nation, and we are fully aware of the democratic nature of President Tinubu and the Renewed Hope Agenda.
“I think the decision was made with great sincerity. That should make every Nigerian pleased. Nobody, in my opinion, is opposed to local governments developing. Not in my opinion.
Judgment is a loud affirmation, according to Tinubu
In response to the Supreme Court’s ruling, President Tinubu said that poor local government management has been a major obstacle to the nation’s progress because there has been almost no governance at the crucial cellular level of the socio-political structure.
The Renewed Hope Agenda is about the people of our country, at all levels, irrespective of faith, tribe, gender, political affiliation, or any other artificial line they say exists between us, according to a statement made by President Tinubu’s spokesman, Mr. Ajuri Ngelale.
We are all the owners of this nation. Our people will be able to hold their local officials accountable for their deeds and inactions thanks to this ruling, especially the impoverished. Since it will be known what is sent to local government accounts, services must now be rendered without delay.
“This lawsuit was started by my administration because we firmly believe that our people need relief, and today’s ruling will guarantee that the only people in charge of the people’s resources are the local officials who were chosen by their fellow citizens.”
Respect the ruling of the S.C. Govs. are informed by Akpabio
Senator Godswill Akpabio, the president of the Senate, counseled governors Wednesday to abide with the Supreme Court’s decision granting local governments autonomy.
Trajudeen Abbas, the Speaker of the House of Representatives, put it this way: the ruling is an impossibility that has turned into a reality.
After meeting with the President at the Presidential Villa in Abuja, Senator Akpabio made the following statement to State House correspondents: “For us in the legislature, the Supreme Court has spoken and we have no option but to abide by the Supreme Court ruling.”
“I’ll merely ask that all of the federation’s states honor the ruling made by the Supreme Court. After that, we’ll return to the legislature to figure out how to make sure everything is implemented completely.
Congress Speaker: “Impossibility has become reality.”
“Today (yesterday) the impossibility became a reality, everyone is happy and we are looking forward to local government that will work functionally and that will be able to work on there own and extend goodwill to their own people undisturbed by the excesses by the state Governors,” Speaker of the House of Representatives Trajudeen Abbas said, characterizing the ruling as an impossibility that has become a reality.
Nigerians have won, says Atiku
Atiku Abubakar, a former vice president, called the Supreme Court’s decision a “win for the people of Nigeria.”
“The Supreme Court’s ruling earlier today (yesterday) affirming fiscal autonomy to local government councils in the country is a win for the people of Nigeria,” stated Atiku in response to a post on his X page.
“The court’s decision is a significant remedial measure that will help grease the wheels of national growth all around the nation and is a move in the right way.
The federal government made the decision to combine local council revenue disbursements into state government accounts due to a hurried compromise in politics.
“I support the Supreme Court’s ruling that the local governments in Nigeria should serve as development hubs because the country’s government is divided into three tiers.
“I also think that the local governments’ economic autonomy should extend to the internal revenue that each local government authority generates, rather than just the money that comes from the federation account.
Many of our states—particularly those in highly urbanized areas with strong concentrations of economic activity—have a well-deserved reputation for preventing local councils from making money off of things like automobile parks, outdoor advertising, rent, and a host of other things.
LP and CUPP applaud the S-Court ruling.
The Coalition of United Political Parties (CUPP) and the Labour Party (LP) also applauded the Supreme Court’s ruling yesterday that gave the Federal Capital Territory and Local Government Councils financial autonomy.
According to Mr. Obiora Ifoh, National Publicity Secretary for LP, the Supreme Court’s decision has freed local councils from restrictions, allowing them more autonomy to start and finish initiatives that will lessen suffering at the community level.
Ifoh stated in a conversation with Vanguard that the judgment is a positive step. Nigerians now anticipate that local governments would use the opportunity presented by their newfound freedom to make sure public finances are managed responsibly and to improve the quality of life for common inhabitants.
In a similar spirit, Chief Peter Ahmeh, the CUPP’s National Secretary, stated: “The suffering masses have been financially released from the governors’ shackles that have been holding them hostage since 1999 as a result of their twisted interpretation of Section 162(6) of the 1999 Constitution as Amended by this judgment.”
Democracy has triumphed—MBF
In response, the Middle Belt Forum (MBF) said yesterday that it was pleased with the Supreme Court’s decision and that it was a win for democracy, Nigeria, and all Nigerians.
The MBF declared in a statement issued by Dr. Bitrus Pogu, its National President, that the decision was “a beautiful victory for democracy.” The obstructions that the Governors have put in place do not have to restrain the President.
“I think that rural areas will develop, and sincere people will now run for office as council members and mayors in local governments, we will obtain the best resources for local government management in this nation.”
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