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LG Autonomy: Supreme Court Reserves Judgment

Lateef Fagbemi SAN, Min. of Justice and AGF

The Supreme Court of Nigeria has reserved judgment in the suit filed by the Attorney General of the Federation (AGF) on behalf of the Federal Government against multiple states concerning the autonomy of local governments.

A seven-member panel, led by Justice Mohammed Lawal Garba, announced that the judgment date will be communicated to all parties and their respective counsel.

The apex court also rejected the inclusion of State Houses of Assembly as defendants in the Federal Government’s suit against the 36 state governors, which seeks full autonomy for the 774 local governments in the country.

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The court ruled that the Houses of Assembly have no standing in the matter based on legal and jurisdictional grounds.

The Attorney General of the Federation and Minister of Justice, Prince Lateef Fagbemi, SAN, initiated the legal action against the governors, primarily seeking full autonomy for local governments as the third tier of government.

In the suit marked SC/CV/343/2024, the AGF is requesting the Supreme Court to issue an order preventing state governors from dissolving democratically elected local government councils unlawfully.

The AGF also seeks an order to ensure local government funds are allocated directly from the Federation Account, in accordance with constitutional provisions, bypassing the allegedly illegal joint accounts created by the governors.

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The AGF is also asking the Supreme Court to prohibit governors from forming inner committees to manage local government affairs, insisting on adherence to a democratically recognized system.

The suit also seeks to prevent governors and their agents from handling funds intended for local governments in the absence of a democratically elected local government system.

The governors were sued through their respective state Attorneys General. The suit is based on 27 grounds, emphasizing the federal structure of Nigeria as defined by the 1999 Constitution, with the President responsible for upholding and implementing its provisions.

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