Despite the laudable judgement of the Supreme Court in granting autonomy to local government councils in the country in line with the provisions of the constitution, some state governments are still determined to frustrate the enforcement of the verdict, Wale Igbintade writes
From the exchange between the Edo State Government, and the Attorney General of the Federation and Minister of Justice, Mr. Lateef Fagbemi, it is obvious that nothing would stop the government from shifting its position on the suspension of the 18 local government chairmen and their deputies.
Penultimate week, the state House of Assembly had suspended the 18 local government chairmen and their deputies for two months over alleged insubordination in what many saw as a mockery of the Supreme Court's judgement on local government autonomy.
The action of the assembly was a sequel to the directive of Governor Monday Okpebholo, who had earlier written a petition, accusing the chairmen of refusal to submit financial records of their local government councils to the state government, describing their action as an act of insubordination and gross misconduct. The assembly consequently directed the council leaders to hand over to the legislative leaders of their respective local governments.
The suspension was viewed by many as a blatant disregard of the recent ruling of the Chief Judge of Edo State, Justice Daniel Okungbowa, and the Supreme Court's decision in a suit filed by the AGF, which affirmed the autonomy and independence of local governments as guaranteed under the 1999 Constitution.
Responding to the action of the state government, Fagbemi declared it illegal and unconstitutional. He stressed that removing from office or suspending any elected official of the local government in the country is the prerogative of councillors in the said LGA and not state assemblies.
"One thing that I know and can say without fear is that under the present dispensation, no governor has the right to remove any local government chairman. That much I know. If I did not know before, since July 11, 2024, I became aware that removal of any local government chairman or official would be the prerogative of that local government, through their legislative house," the AGF stated.
But the state government countered the AGF, saying that Governor Okpebholo and the state assembly have the powers to remove local government officials from office. They also argued that the Constitution placed local governments under state control, and that remains the law.
"Financial autonomy is about giving them access; but that does not mean state governments do not have control over how they use that money. The Supreme Court cannot amend the constitution. Lateef Fagbemi might be the law officer of the federation, but he does not represent the constitution of the country and he does not represent other laws made validly under the provisions of the constitution by the Edo House of Assembly.
"The House of Assembly has the powers to oversee the activities of the governor, and similarly, the Governor has the right to exercise oversight over local government chairmen. The current constitutional construct recognises a two-tier federal design. It is clearly stipulated in the Constitution," the state government insisted through a statement by the Chief Press Secretary to governor (CPS), Fred Itua.
While this debate was in progress, a High Court in Benin City, presided over by Justice Efe Ikponwonba, while ruling in a suit filed by the suspended chairmen, ordered that they should return to office.
But the state government is feeling unconcerned, and determined to ensure that the suspended local government officials do not go near their secretariats.
The judge directed the defendants not to give effect to the House of Assembly resolution of December 16, 2024, purporting to suspend the chairmen and their deputies. She further granted an order of mandamus directing parties to maintain status quo ante belum as of December 12, 2024, when the matter was filed in court, pending the hearing and determination of the motion on notice.
Over the years, the overbearing influence of state governors on the local governments has been a serious issue in the polity. This, many had argued, was hampering the efficient governance at the level of the third tier of government.
Newly-elected governors have always been uncomfortable with inheriting local government councils that are dominated by the supporters of their predecessors or members of opposition political parties.
As soon as a new governor is elected on the platform of a political party that is different from the political party of his predecessor, one of his first assignments is to dissolve local government executives.
This is to pave the way for his loyalists and members of their political parties to take over the third tier of the government.
Their loyalists will give them access to the LG funds in the joint accounts.
It was this practice that had prompted the federal government, through the AGF, to file a suit at the Supreme Court against the 36 state governments, seeking the enforcement of full autonomy of the 774 local government areas in the country.
In its 11 July judgement, the apex court, in upholding the suit declared the action of the governors illegal and unconstitutional for governors to receive and withhold funds allocated to local government areas in their states.
But since the judgment was delivered, some governors have proved the pundits who claimed that they would do everything within their powers to interfere with the allocations of the local councils.
Besides the recent action of Governor Okpebholo, the Anambra State Governor, Prof. Charles Soludo had earlier signed a new bill to compel local governments in the state to remit a portion of their federal allocations into a consolidated account to be controlled by the state government.
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The law titled: 'Anambra Local Government Administration Law 2024,' provides that the state shall maintain a "State Joint Local Government Account," into which all federal allocations to local governments in Anambra State must be deposited and specified percentage deducted before disbursing the remaining funds to the local governments.
The Commissioner for Information in Anambra State, Law Mefor, defended the law, saying that the state government acted under Section 7 of the Nigerian Constitution, which empowers the state assembly to make laws regulating the local governments.
Furthermore, he argued that the constitution empowers the state government to "oversee" the affairs of the local governments both in administration and finance.
The commissioner criticised those opposing the bill, saying that they would have turned around to blame the state government when the local government administrators abandoned their statutory responsibilities like payment of pensions.
Many regard the new law not only as an affront and disregard to the decision of the Supreme Court but a big disobedience of the highest court of the land.
The AGF must ensure that the judgement of the Supreme Court on local government autonomy is strictly enforced in all ramifications for good administration to take place in the third-tier level of government.
