Senior lawyers x-ray Supreme Court verdict on financial autonomy for LGS
By Jude-Ken Ojinnaka
Reactions from lawyers have continued to trail the Supreme Court verdict on financial autonomy of local government councils and the unconstitutionality of the local government Caretaker committees.
The judgement was delivered on July 11, 2024 by a panel of seven Justices comprising Honourable Justice Lawal Garba (JSC) who led the panel; Honourable Justice Emmanuel Agim (JSC) who read the judgement; Honourable Justice Chioma Nwosu-Iheme, (JSC); Honourable Justice Haruna Tsammani (JSC); Honourable Justice Moore Adumein (JSC); Honourable Justice Habeeb Abiru (JSC) who held a dissenting position ; and Honourable Justice Yammama Tukur (JSC).
Soon after the judgement, lawyers, politicians, groups and organisations began to react in one way or the other on the verdict of the seven ‘wise’ men.
Senior lawyers like Dr Joseph Nwobike (SAN) and Prof. Fabian Ajogwu (SAN) were on hand to state their views on the verdict of the Apex Court.
Dr Nwobike lauded the judgement as a welcome development; and thanked especially the Honorable Attorney General of the Federation and the justices of the Supreme Court “for this auspicious constitutional development in our polity.”
“As we all know, the very important component of this development is how to ensure that true democracy occurs at the local council level in Nigeria. As it currently stands, it does not seem that true democratic values guide the elections into the councils across the country”, he said.
He stated that a situation where only the candidates of the political parties in control at the state levels win elections into the local councils is unhealthy.
He urged those with legislative authority to ensure that the constitution of democratic processes into local councils should do more to ensure that elections into local councils are conducted in transparent manner.
In this connection, it is therefore recommended that the elections into local councils should be conducted by the Independent National Election Commission and on independent candidacy basis.
“Political parties should be intentionally excluded from fielding candidates for election into the councils across the country. This way, the locals should be able to elect those that they know will deliver real value to them.
He noted that the LCDAs that were created are not recognized local council areas. They were created, at best, for the administrative convenience for the running of the local governments in the states that created them.
“They are not entitled to allocations from the Federation Account created under the Constitution. To that extent and, indeed, for all purposes, they are not entitled to benefit in anyway whatsoever from the judgement delivered in this case”.
Just recently, the Ondo State High Court declared the ones created in Ondo State as illegal and unconstitutional.
“In my view, the LCDAs are unconstitutional. Following this decision, therefore, I think that the respective state assemblies that created them should pass laws abolishing them without delay. To allow them to exist in view of this judgement, will be unconstitutional and in disobedience to the judgement”. Nwobike added.
In his reaction, another Senior Advocate of Nigeria (SAN)Prof. Fabian Ajogwu while commending the verdict, said it is a significant affirmation of the position of the law under the Constitution of the Federal Republic of Nigeria 1999, as amended, adding that it represents a crucial step forward for fiscal federalism in our nation.
He commended the bold step of the Attorney General of the Federation, Lateef Fagbemi (SAN), in filing the suit on behalf of the Federal Government, seeking to grant full autonomy and direct funding to all 774 local government councils in the country.
“The autonomy of Local Government Councils is a cornerstone of effective governance and grassroots development. By upholding this principle, the Supreme Court has reinforced the importance of decentralisation and the empowerment of local authorities to manage their affairs independently”.
“This judgement will undoubtedly enhance the capacity of Local Government Councils to deliver essential services, promote regional economic development, and improve the quality of life for citizens at the grassroots level”
Ajogwu said it is imperative that governors and all stakeholders respect and implement this decision. Adherence to the rule of law and the principles enshrined in our Constitution is fundamental to the stability and progress of our democracy.
“I urge all parties to embrace this judgement and work collaboratively to ensure that Local Government Councils can operate with the autonomy and resources necessary to fulfil their mandates effectively”, he canvases
“This judgement is a victory for Local Government Councils and a triumph for fiscal federalism principles. It underscores the need for a more equitable distribution of resources and responsibilities among the different tiers of government, thereby fostering a more balanced and inclusive development across the country”.
According to the professor, the Supreme Court Judgement affirming autonomy of Local Government Councils in Nigeria has several significant implications for the governance structure in the country. He said these implications include a 10-point set of benefits, which are:
*Strengthening Decentralisation:
“The judgement reinforces the principle of decentralisation, ensuring that Local Government Councils have the authority and independence to govern their jurisdictions effectively. This can lead to more responsive and accountable local governance.
*Enhanced Service Delivery:
“With greater autonomy, Local Government Councils can better manage their resources and prioritise local needs. This can improve the delivery of essential services such as healthcare, education, infrastructure, and sanitation at the grassroots level.
*Fiscal Federalism:
“The decision supports the concept of fiscal federalism by allowing Local Government Councils to have greater control over their finances. This can lead to a more equitable distribution of resources and reduce the dependency on state governments for funding.
*Reduction of Bureaucratic Bottlenecks:
“Autonomy can help reduce bureaucratic delays and inefficiencies often associated with centralised control. Local governments can make quicker decisions and implement policies directly addressing regional issues.
*Empowerment of Local Leaders:
“The judgement empowers local leaders and councils, giving them the legitimacy and authority to govern effectively. This can enhance political participation and engagement at the regional level.
*Checks and Balances:
“By affirming local government autonomy, the judgement introduces an additional layer of checks and balances within the governance structure. This can help prevent the over-concentration of power at the state level and promote more balanced governance.
*Legal and Constitutional Clarity:
The judgement provides legal and constitutional clarity regarding the status and powers of Local Government Councils. This can help resolve disputes and ambiguities related to local governance and ensure compliance with constitutional provisions.
*Impact on State Governments:
“State governments must adjust to the new governance dynamics, respecting the autonomy of Local Government Councils. This may require changes in state policies, laws, and administrative practices to align with the Supreme Court’s decision.
*Capacity Building:
“With increased autonomy, local government councils may need to strengthen their capacity and institutional structure to manage their new responsibilities effectively.
*Public Accountability:
“Autonomous local governments will likely be more accountable to their constituents. Citizens can hold their local representatives directly responsible for governance outcomes, leading to greater transparency and accountability.
“The Supreme Court Judgement can transform Nigeria’s governance landscape by promoting more effective, efficient, and responsive local governance. It underscores the importance of empowering local authorities and ensuring that governance is brought closer to the people.
“As citizens, we must work together to ensure that this judgement translates into tangible benefits for our communities and strengthens the foundation of our federal system”, Ajogwu emphasized.
