LGA Autonomy Suit: S’Court Dismisses 36 States’ Preliminary Objections
•By Our Reporter
ABUJA – A 7-man panel of the Supreme Court, on Thursday, dismissed the preliminary objections raised by the Governors of the 36 States of the Federation, challenging the suit by the Attorney General of the Federation and Minister of Justice Prince Lateef Fagbemi SAN, seeking full autonomy for the 774 local governments in the country.
The Supreme Court held that tampering, collection, withholding etc of funds accuruable to Local Government Areas from the Federation account, by various State governments is unconstitutional, null and void.
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The pronouncement was based on the suit by the AGF against Governors of the 36 States of the Federation over misconduct and maladministration in respect of funds accruing to Local Government Areas from the Federation Account.
Ruling on the suit marked SC/CV/343/2024,the 7-man held that retention of funds belonging to local governments is a breach of the provision of Constitution, and consequently dismissed the objections of the 36 States.
In the lead judgment delivered by Justice Emmanuel Agim, the FG through the Federation Account was ordered to henceforth disburse funds standing to the credit of local governments in the country to them.
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The court also restrained Governors from henceforth dissolving democratically elected officials for local governments, stressing that doing so amounts to a breach of the 1999 Constitution.
In their separate preliminary objections, the 36 State Governors through their various Attorneys General had sought the dismissal of the suit with substantial cost.
They contended that the AGF, who initiated the action on behalf of the FG, lacked the locus standi (legal right) to do so.
It was the case of the defendants that the AGF violated their right to a fair hearing when he failed to serve them with a copy of a further affidavit he filed in support of the suit.
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Besides, some of the States argued that they already have democratically elected local government Chairmen in place, insisting that the suit by FG tantamounts to abuse of the court process.
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