Alleged wrongdoing in the management of Local Government Areas (LGAs) has led to the Federal Government suing the 36 state governors in a Supreme Court case.
The Federal Government is requesting complete independence for all Local Government Areas (LGAs) in the nation in a lawsuit filed by Prince Lateef Fagbemi, SAN, who is also the Minister of Justice and Attorney General of the Federation, with the case number SC/CV/343/2024.
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It asked the highest court to rule that state governors cannot remove democratically elected municipal officials by unilateral, arbitrary, and illegal means.
In addition, we are requesting an order that local governments be authorized to receive monies directly from the Federation Account, in accordance with the Constitution, in order to settle the alleged illegitimate joint accounts that were established by governors.
In addition, the Federal Government (FG) petitioned the Supreme Court to prohibit governors from forming Caretaker Committees to manage local governments, arguing that this practice undermines the already established and guaranteed democratic system.
When states do not have a system of locally elected officials in place, it is possible to seek an injunction prohibiting the governors, their agents, and privies from taking, spending, or manipulating the money that is supposed to go to local governments out of the Federation Account.
The Attorneys General of each of the 36 states brought lawsuits against their governors.
Among the twenty-seven reasons given by FG in favor of the lawsuit, it was stated that the 1999 Constitution, as amended, created Nigeria as a federation and that the President, as Head of the Federal Executive Arm, swore an oath to preserve and implement the provisions of the Constitution.
This document informed the highest court in Nigeria that the executive governors, who are representatives of the constituent states of the federal government, have taken an oath to protect and enforce the Constitution. It further stated that the Constitution is the supreme law of Nigeria and that all states must adhere to it.
The three levels of government in Nigeria—federal, state, and local—are acknowledged in the country’s constitution. The Constitution establishes a Federation Account from which all three levels of government get funding for their operations and functioning.