The Attorney General of the Federation and Minister of Justice, Lateef Fagbemi (SAN), has issued a stern warning to state governors defying the Supreme Court’s judgment on local government autonomy. He threatened to pursue contempt of court actions if the defiance continues.
Fagbemi’s warning came during the 2024 annual conference of the National Association of Judiciary Correspondents in Abuja on Thursday. He expressed concern over the refusal of some state governors to comply with the July 11, 2024, Supreme Court ruling, which affirmed the financial autonomy of the 774 local government areas in Nigeria. The ruling prohibited governors from controlling funds meant for local governments and ordered the direct payment of allocations to the local governments’ accounts.
The Supreme Court also issued an order preventing governors from dissolving democratically elected local government councils and establishing caretaker committees. However, despite the landmark judgment, the Federal Government has not yet implemented the direct payment to local governments, citing practical challenges.
Some state governments have attempted to bypass the ruling. For example, the Anambra State House of Assembly passed the Local Government Administration Bill 2024, which mandates that local government allocations be deposited into a “State Joint Local Government Account,” contradicting the Supreme Court’s decision. Governor Chukwuma Soludo defended the bill, claiming it would ensure consistency and transparency.
In contrast, the Nasarawa State House of Assembly amended its local government laws to comply with the Supreme Court’s ruling by abolishing joint accounts and aligning with the judgment. The Senate has also expressed support for the judgment and plans to collaborate with the House of Representatives to amend the 1999 Constitution to ensure full implementation.
Fagbemi acknowledged that some state actions contravened the Supreme Court’s ruling but cautioned governors and state attorneys-general against further legal missteps, warning that they could face disciplinary action from the Legal Practitioners’ Disciplinary Committee for professional misconduct.
The AGF also highlighted the potential consequences for local government chairmen who misuse public funds, stating that such actions would lead to severe penalties, including imprisonment. He emphasized the importance of local governments fulfilling their constitutional duties, such as providing primary education, healthcare, and welfare programs, without engaging in extravagant projects outside their mandate.
Fagbemi commended President Bola Tinubu’s administration for its efforts to strengthen governance and called for improved transparency and accountability in all tiers of government, urging local government officials to prioritize their constitutional responsibilities.
Justice Kudirat Kekere-Ekun, the Chief Justice of Nigeria, underscored the importance of credible journalism in fostering public trust in the judiciary, emphasizing that both the media and judiciary are essential to strengthening justice and governance in Nigeria.