“Instead of the Governors to implement the laudable provisions of the constitution as it relates to local governments, the local governments have become departments under the ministry of local governments and chieftaincy affairs,”
By Abdulrahman Aliagan
In a landmark ruling that has sent shockwaves across the country, the Supreme Court of Nigeria has delivered a resounding victory for the long-held demand of local government autonomy. In a historic judgment, the apex court has ordered the Federal Government to pay allocations directly to local government accounts, stripping state governors of their powers to control and misuse these funds.
The ruling comes after years of a protracted battle between the Federal Government and state governors over the autonomy of the third tier of government. The Federal Government, prompted by the cries of Nigerian citizens, had approached the Supreme Court, seeking to restore the constitutional status of local governments and end the stranglehold of state governors over local administration.
The Historical Struggle for Local Government Autonomy
The quest for local government autonomy in Nigeria has been an age-old struggle, dating back to the 1950s. Over the decades, various reforms and attempts have been made to strengthen the third tier of government, but the disproportionate power wielded by state governors has often thwarted these efforts.
“The Constitution created the local government loosely as the third tier of government, but failed to make enabling provisions that would make it operate as a tier of government in the real sense,” explains Barr. Bolaji Sallah of the Corporate Affairs Commission (CAC), a member of FCT Chapter of the Nigerian Bar Association (NBA), Abuja.
The 1999 Constitution, in particular, was seen as a crucial turning point, as it introduced the concept of joint accounts between state and local governments. However, this provision was often exploited by state governors, who would divert local government funds and use them at their discretion, leaving the local councils crippled and unable to fulfill their responsibilities.
“Instead of the Governors to implement the laudable provisions of the constitution as it relates to local governments, the local governments have become departments under the ministry of local governments and chieftaincy affairs,” Manzuma laments.
The Supreme Court Steps In
Frustrated by the persistent undermining of local government autonomy, the Federal Government, represented by the Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi (SAN), filed a suit against the 36 state governors at the Supreme Court.
The Federal Government’s case was built on the premise that the 1999 Constitution recognizes the three tiers of government – federal, state, and local – and that the local governments should draw funds directly from the Federation Account, without the interference of state governors.
In a landmark ruling, the seven-man panel of the Supreme Court led by Justice Garba Lawal sided with the Federal Government, delivering a resounding blow to the state governors.
“The Court in two landmark rulings, ordered the Federal Government to, with immediate effect, sends the financial allocations meant for Local Government Councils directly to them from the Federation account. It also barred the Governors from dissolving the Local Government Councils at their pleasure,” the judgment stated.
The Prospects of Local Government Autonomy
The Supreme Court’s decision has been met with widespread jubilation across the country, as it promises to usher in a new era of empowered local governments and better service delivery to the grassroots.
“It will allow for the efficient delivery of services, the empowerment of local communities, and the promotion of a more participatory and inclusive political system, ultimately contributing to the overall progress and well-being of the nation,” says Barrister Chimezie Omolomo, an Akure based lawyer, a public analyst and commentator.
The ruling also reinforces the principles of true federalism, which have long been advocated by leaders like Asiwaju Bola Ahmed Tinubu, the current President of Nigeria.
“We cannot have true federalism without fiscal federalism,” Comrade James Ezema, a media practitioner, emphasizes. “The National Assembly and the Presidency should work assiduously to liberate local governments from the state governments, bring them back to life and make rural dwellers feel the existence of government.”
As the nation celebrates this landmark victory for grassroots development, the challenge now lies in ensuring the effective implementation of the Supreme Court’s directives. The road ahead may not be without obstacles, but the people’s unwavering determination to reclaim the power of the third tier of government provides a glimmer of hope for a more equitable and prosperous Nigeria.