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LG autonomy: Edeoga lauds Supreme Court judgement, calls for consequential guidelines on compliance

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Edeoga, has commended the Federal Government on the judgement of the Supreme Court, which affirmed the administrative and financial autonomy of local councils in Nigeria

By Emma Ogbuehi

The candidate of the Labour Party in the 2023 governorship election in Enugu State, Chijioke Edeoga, has commended the Federal Government on the judgement of the Supreme Court, which affirmed the administrative and financial autonomy of local councils in Nigeria, and called for what he described as “consequential guidelines” to ensure full compliance with the judgement.

Edeoga, who had at a time been a local government Chairman in Enugu State also asked the National Assembly to speed up work on the review of the 1999 Constitution so as to remove local government chairmen from their control by state governors.

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Recall that in a suit brought by the Attorney General of the Federal, Prince Lateef Fagbemi against the 36 state governors, the Supreme Court in a landmark judgement delivered on July 11, 2024, granted financial autonomy to the 774 local government areas in Nigeria

The seven-man panel in a unanimous decision outlawed the appointment of caretaker committees to administer the local governments by state governors and also declared that it was illegal and unconstitutional for governors to continue to receive or retain funds allocated to the local councils, under State and Local Government Joint Account.

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In a statement issued shortly after the Supreme Court delivered her judgement, Edeoga said the judgement aligns with the yearnings of Nigerians for grassroots development and also it accords with the demands of the existing constitutional order.

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Lamenting the violation of the Nigerian Constitution by state governors, Edeoga, who accused state governors of making cash cows out of local government funds from the federation account, said the abuse of council funds has given rise to situations where the councils were forced to beg the governors for funds.

“The violation of the provisions of the Nigerian Constitution of the Federal Republic of Nigeria by governors of Nigerian states has been going on with flagrant impunity for many years and under different administrations since 1999. Local Government Areas, recognized in the Nigerian Constitution as the third tier of government and the one closest to the people, have been deprived of the funds needed for grassroots development, thus existing at the mercy and state governors,” he stated.

Recalling his promise during his campaign for the governorship of Enugu State, the grassroots politician, described as unfortunate, the situation where governors saw council funds as sources of free money.

“I recall that during my campaign for the Governorship of Enugu State, I highlighted the deplorable management of local council funds in Enugu State and vowed that council funds would be sacrosanct if I won the election. As a former local government Chairman, I knew the importance of those funds and the leverage they provide for rural development, employment generation, and economic empowerment. My belief is that rather than treat council funds as a source of free money as most state governors saw them, I would ensure easy and direct access to it by council chairmen as a means of ensuring that local government councils become complementary to the state government’s development efforts. I also felt that competition among the local government areas in my state would be a catalyst for development, thereby reducing the pressure on state resources,” the statement continued.

He expressed the belief that empowered and financially autonomous local councils would minimize the tendency of some governors and state officials to favour some local governments while favor sidelining others.

While commending the present administration for its boldness in prosecuting the case successfully, the Enugu State Labour Party leader said: “I am particularly relieved that the administration of President Bola Tinubu has taken this rare positive step towards restoring the glories of local administration in Nigeria. Those of us in the Enugu State chapter of the Labour Party see this as a step in the right democratic direction and must single out President Tinubu and the Attorney General of the Federation, Prince Lateef Fagbemi, SAN, for pursuing this judgement with a single-minded determination and patriotic purposefulness.”

He called on the Economic and Financial Crimes Commission (EFCC) and the Nigerian Financial Intelligence Unit (NFIU) to do all in their powers to ensure that the judgement was implemented to the letter.

The statement continues in part: “As it stands, the EFCC will not have any excuse not to be alive to its responsibilities regarding fighting corruption in local government areas. Before this landmark judgement, the immunity granted by the Constitution to state governors had occasioned delays and other forms of frustration that slowed the investigation and prosecution of cases of abuse of council funds in Nigeria. Local Government Chairmen in Nigeria are not covered by any constitutional immunity, and as a result, would be directly held responsible for the utilization of the funds accruing to them from the federation account.

“To this end, the Economic and Financial Crimes Commission and the Nigerian Financial Intelligence Unit must, as a matter of urgency, set up Special Units whose brief shall be to monitor full compliance with this judgement and proactively thwart any possible attempts by some state governors to circumvent the judgement.

“Such desks should be equipped to investigate, arrest, and immediately diligently prosecute those found culpable. If the anti-crime agencies are ready, there are right-thinking Nigerians who will be willing to partner with the Federal Government and its agencies to deepen the oversight and policing of local council funds.”

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