Nigerian Supreme Court declines to participate in state assemblies’ lawsuit regarding LG autonomy in government

On Thursday in Abuja, the Supreme Court categorically declined to permit the State Houses of Assembly to be included as defendants in the Federal Government’s lawsuit against the 36 state governors who are vying for complete autonomy for the nation’s 774 local governments.

The supreme court ruled that, for legal and jurisdictional reasons, the Houses of Assembly had no business being involved in the case.

Yakubu Maikyau, SAN, the president of the Nigerian Bar Association (NBA), requested to be included as a party in the case on behalf of the speaker of the Kebbi State House of Assembly during the proceedings on Thursday.

Before the senior attorney could continue, however, Justice Garba Lawal—who was chairing a seven-member Supreme Court panel—interjected and questioned if the State Houses of Assembly were authorised to become parties to a dispute involving the federal government and state governors.

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In addition, Justice Garba Lawal questioned the NBA President over the supreme court’s jurisdiction over any case involving the State Houses of Assembly as a court of first instance.

Maikyau tried to provide legal sources to support his client’s request based on the court’s hint, but ultimately, the authority did support the request.

The Federal Government’s and the state governors’ processes were then ordered to be adopted after he quickly left the proceedings.

On behalf of the federal government, the Attorney General of the Federation and Minister of Justice, AGF, Prince Lateef Fagbemi, SAN, has filed a lawsuit against the governors, mainly demanding complete autonomy for local governments as the nation’s third level of governance.

The AGF is requesting an order from the Apex Court prohibiting state governors from unilaterally, arbitrarily, and illegally dissolving democratically elected local government councils in the complaint with the filing number SC/CV/343/2024.

In the original summons, which he personally signed, the AGF also begs the Supreme Court to grant permission for the funds designated for local governments to be transferred directly from the Federation Account to them in compliance with the Constitution’s provisions, bypassing the purportedly unlawful joint accounts established by the governors.

In addition, he requested an order from the Supreme Court prohibiting the governors from creating internal committees to manage local government operations in opposition to the system that is established and acknowledged by democracy.

Furthermore, in the absence of a democratically elected local government system, the Federal Government requested an order banning governors, their representatives, and privies from accepting, using, or handling cash released from the Federation Account for the benefit of local governments.

Through their respective state solicitors general, the governors were sued.

The Federation of Nigeria is a body established by the 1999 Constitution, and the President is the head of the federal executive arm of the Federation, charged with enforcing and carrying out its provisions. This is one of the 27 grounds on which the claim is based.