Supreme Court Judgment On LG Autonomy Faces Implementation Delay, Draws Criticism From Lawyers

Supreme Court Judgment On LG Autonomy Faces Implementation Delay, Draws Criticism From Lawyers

Some lawyers have strongly condemned the delay in implementing the Supreme Court judgment on local government financial autonomy, arguing that the move undermines the rule of law and the authority of the judiciary.

Recall that The Supreme Court, on July 11, 2024, gave a landmark judgment affirming the financial autonomy of the 774 LGs in the country and ruled that governors could no longer control funds meant for the councils.

The apex court also directed the Accountant-General of the Federation to pay LG allocations directly to their accounts, as it declared the non-remittance of funds by the 36 states unconstitutional.

However, Ireporteronline observed that more than a month after the judgment, the order of the apex court had not been complied with.

In July 2024, total disbursements by the Federation Allocation Account Committee increased to N1.354tn, with LGs receiving N337.019bn.

At the July meeting of FAAC, chaired by the Minister of Finance and Coordinating Minister of the Economy, Wale Edun,  of the total amount shared to the three tiers of government, the Federal Government received N459.776bn, the states received N461.979bn, the LGs got N337.019bn, while the oil-producing states received N95.598bn as derivation (13 per cent of mineral revenue).

The Association of Local Governments of Nigeria, however, waited in vain to get the money paid directly into the LG accounts.

The Incorporated Trustees of ALGON accused the state commissioners of finance of conspiring with governors to obstruct the direct payment of allocations from the federation account to the 774 LGs’ accounts.

The lawyers, namely Prof. Sam Erugo (SAN), Wahab Shittu (SAN), and Joseph Otteh, criticised the agreement to delay the judgment, saying it constitutes an illegal and contemptuous act against the court’s directive for immediate effect.

They called for any concerns about the judgment’s implementation to be addressed through proper legal channels, such as seeking a variation of the original orders from the Supreme Court itself, rather than delaying or altering the execution of the judgment

Speaking on the issue, Prof. Erugo stated, “The agreement to delay the implementation of this judgment highlights the fact that there is no existing structure for direct remittance to the local governments or the proper administration of these funds. Without such a framework, immediate implementation would be problematic.”

The Senior Advocate of Nigeria also pointed out that the issue of conducting credible local government elections is a critical factor that needs to be addressed before the judgment can be fully enforced.

Shittu also criticized the recent agreement to delay the implementation of the Supreme Court judgment granting financial autonomy to local governments, describing it as both illegal and contemptuous.

Shittu expressed his disapproval in strong terms, asserting that any attempt to delay or alter the Supreme Court judgment is a violation of the law.

“The Supreme Court judgment, once delivered, takes immediate effect. None of the parties can vary, alter, or otherwise suspend the implementation of the judgment,” Shittu noted.

Shittu further condemned the agreement to delay the judgment, calling it an outright nullity. “The purported agreement is null and void and of no effect whatsoever. It is an illegal attempt at re-writing the Supreme Court judgment,” he said.

Otteh, on his part, says, “It would be inconsistent with the terms of the Supreme Court judgment, and the rule of law to enter into arrangements, however transient and irrespective of whatever administrative exigencies exist, to compromise the immediate implementation of the judgments or orders made by the Court.”