Supreme-Court Rejects State Houses Of Assembly’s Inclusion In Federal-Government’s Suit Against Governors Over Local Government-Autonomy (View Details)

Supreme-Court Rejects State Houses Of Assembly’s Inclusion In Federal-Government’s Suit Against Governors Over Local Government-Autonomy (View Details)

The Supreme Court in Abuja decisively denied the request to join State Houses of Assembly as defendants in the suit filed by the Federal Government against 36 state governors seeking full autonomy for local governments across Nigeria.

During Thursday’s proceedings, President of the Nigerian Bar Association (NBA), Yakubu Maikyau, SAN, representing the Speaker of Kebbi State House of Assembly, sought to have the Houses of Assembly joined as parties in the matter. However, Justice Garba Lawal, leading a seven-man panel of justices, intervened, questioning the legal basis for such inclusion and the jurisdiction of the Supreme Court as a first-instance court in matters involving State Houses of Assembly.

Following the court’s guidance, Maikyau attempted to cite legal precedents but ultimately withdrew the application when it became evident that the authority he relied upon did not support his client’s request.

Subsequently, the Supreme Court ordered the adoption of processes from both the Federal Government and the state governors. The Attorney General of the Federation and Minister of Justice, Prince Lateef Fagbemi, SAN, had initiated the legal action on behalf of the Federal Government, seeking autonomy for local governments as constitutionally recognized entities.

In the suit numbered SC/CV/343/2024, the AGF requested the Supreme Court to restrain governors from unilaterally dissolving democratically elected local government councils and to ensure direct allocation of funds to local governments from the Federation Account, as per constitutional provisions. The suit also sought to prevent governors from appointing inner committees to manage local government affairs and from handling local government funds without democratically elected councils in place.

The governors were represented in the suit through their respective state Attorneys General. The case is rooted in the constitutional mandate of the Federal Government to uphold and implement the provisions of the 1999 Constitution, which establishes Nigeria as a federation under the federal executive leadership.

The Supreme Court’s refusal to allow State Houses of Assembly to join the suit underscores the legal clarity sought in defining the roles and jurisdictions concerning local government autonomy in Nigeria.