The Supreme Court has granted financial autonomy to local governments across the country by disconnecting the payment of their allocation from their respective state governments.
The apex court in its pronouncement in a lawsuit filed by the Federal Government against the 36 state governments on Thursday, ordered the Federal Government to henceforth, pay allocation meant for the 774 local government directly to their respective accounts.
A seven-member panel of justices, in its judgement also held that state governments have continued to abuse their powers by retaining and using the funds meant for LGAs.
The apex court held that the power of the government is portioned into three arms of government, the federal, the state and the local government.
The court further declared that a state government has no power to elect a caretaker committee and a local government council is only recognisable with a democratically elected government.
“A democratically elected local government is sacrosanct and non-negotiable,” the court said.
The court ruled that state governments are perpetuating a dangerous trend by refusing to allow democratically elected local government councils to function, instead appointing their loyalists who can only be removed by them
Justice Agim dismissed the objections filed by state governors.
The Attorney General of the Federation, Lateef Fagbemi (SAN), filed a lawsuit on behalf of the Federal Government, seeking to grant full autonomy and direct funding to all 774 local government councils in the country.
The 36 state governments, through their attorneys general, filed a counterclaim, arguing that the Supreme Court lacked the jurisdiction to hear the case.
In Thursday’s ruling, Justice Agim affirmed that the AGF has the legal authority to initiate the lawsuit and uphold the constitution.
Justice Agim said, “I hold that the plaintiff’s request is hereby approved and all the reliefs granted.”