Local Government Autonomy….Concerns Mount Over Non-execution Of Supreme Court Ruling

Workers, senior lawyers and the civil society organisations (CSOs) have knocked the federal and state governments for failing to implement the Supreme Court judgement granting financial autonomy to local governments in Nigeria.

At the instance of a suit filed by the federal government against the 36 states of the federation, the country’s apex court on July 11, 2024, ordered that funds accruing to the councils from the federation account should be paid directly to the accounts of the third-tier of government.

But five months after the celebrated judgement, its implementation is still shrouded in secrecy.
Earlier media reports that the federal and state governments had set October 2024 deadline for the implementation of the ruling have been refuted by the attorney-general of the federation and minister of justice, Prince Lateef Fagbemi (SAN).

The reports claimed that at the expiration of the deadline, any state without elected leaders at the grassroots government would have the LG funds withheld by the federal government.
This made the governors to rush to conduct LG elections that were far from being credible

Mr Kehinde Eleja (SAN), said any further delay in the implementation of the Supreme Court’s ruling on local government autonomy would not portend any good for governance at the third-tier of government and would be a great disservice to the country.
Eleja who spoke in Ilorin, Kwara State said a period of five months after the delivery of the judgment was more than enough for necessary action to be taken by the government.

He said, “It would be recalled that the Supreme Court, in appreciation of the constitutional importance of the case to the nation, gave the case accelerated hearing and promptly delivered its verdict. With that the Supreme had discharged its responsibility leaving the executive with the implementation of the borders made in the judgment.

“As for the delay in implementation of the judgment, it must be appreciated that certain mechanisms would have to be put in place for effective implementation of the judgment. However, a period of five months after the delivery of the judgment is more than enough for necessary action to be taken by the government. Any further delay does not portend any good for governance at the third tier of government and will be a great disservice to the nation.”

In Zamfara State, the Nigeria Union of Local Government Employees (NULGE) and some lawyers condemned the delay in the implementation of the judgement, arguing that the delay had undermined the rule of law and the authority of the judiciary.

The state chairman of NULGE, Ahmed Isah, said the delay by the state governors was deliberate and accused them of selfishness.

A lawyer, Bello Galadi and former chairman of Zamfara State branch of the Nigerian Bar Association (NBA), condemned governors’ non-implementation of the autonomy granted the councils.

Galadi queried the delay despite the Supreme Court order that was made since July 11, 2024 which gave a landmark judgement affirming the financial autonomy of the 774 local governments in the country and ruled that governors could no longer control funds meant for the councils.

A legal expert based in Bauchi, Safiyanu Idris, blamed the federal government for the non-compliance with the judgement.

Idris said it was apparent that joint accounts became the medium for the governors to siphon funds meant for the local governments in their jurisdiction.

“The federal government failed to implement punitive measures on states that tamper with local government funds. It is not supposed to be so. Overzealous governors unlawfully use local government funds and sometimes go the extra mile to deal with council chairmen who, in their assessment, are against their greed,” he said

Idris advocated for the scrapping of state independent electoral commissions, arguing that governors use them to impose their loyalists as chairmen.

A Kaduna-based legal practitioner, Hiifan Abuul, said the joint local government account with the state government should be scrapped immediately following the Supreme Court ruling on local government autonomy.

Abuul however expressed reservation over effective management of local government funds by their chairmen, saying they were rather selected by their respective governors and not voted as witnessed during the local government polls across the country.

In Kebbi State, the chairman of the Association of Local Government of Nigeria (ALGON), Abubakar Nayaya Ambursa, said they would speak on the matter after the assembly concludes its deliberations on it.

Similarly, the chairman of the state chapter of NULGE, Comrade Abubakar Umar, said the union was waiting for the outcome of the state Assembly’s resolution on the matter.

The chairman of the Gombe State Network of Civil Society Organisations (GONET), Ibrahim Yusuf, said the main obstacle to the implementation of the ruling was the pervasive influence of godfatherism in Nigerian politics.

“The governors installed people as local government chairmen. We don’t call it an election because they appoint them. 99 percent of those installed were their political stooges or godsons who cannot do without their masters,” he said.

Also, Bachama Yusuf, secretary of the Association of NGOs (ANGO) in the state, corroborated the GONET’s stance, warning that the failure to implement the ruling would erode trust in the justice system and undermine democracy.

The North Central coordinator of Civil Liberties Organisation (CLO) Steve Aluko, said it was an affront on the judiciary because the highest court of the land had ruled.

According to him, the National Assembly had also made their input, but the executive had subverted the process.

Also, an Abuja-based lawyer, Francis Adejoh, said the Supreme Court is the highest court in the country and for the executive to have refused to implement the judgement was unfortunate.
He said, “It is very disappointing and embarrassing that the executive arm of government has refused to implement the judgement of the highest court in the land.”

The chairman of NULGE in Plateau State, Comrade Yohana Macquine, said the judgement was a welcome development.

When asked about his expectation from state governors on the judgement, he said he would not want to join issues with them, but said NULGE expected total compliance with the ruling.

The chairman, Cross River State Civil Society Network, Ben Usang, said the failure to implement the verdict portended danger because it would prompt people not to respect court judgments.

A legal practitioner and former chairman of the Special Investigation Panel for the Recovery of Public Property, Okoi Obono-Obla, said it was illegal and unconstitutional for a judgment of a court not to be obeyed immediately after the court made the pronouncement.

He said, “It is equally unconstitutional for the executive branch of government to be dancing “Ajasco” or rigmarolling or playing crass politics while obeying the judgment of the apex court in the country.

“This is a violent infraction of section 287 subsection 1 of the Constitution of the Federal Republic of Nigeria, 1999, which provides that the decisions of the Supreme Court shall be enforced in any part of the Federation by all authorities and persons and by courts with subordinate jurisdiction to that of the Supreme Court.

“It is simply outrageous, unacceptable, and scandalous, to say the least. It is a stain on the justice delivery system and goes to the root of the whole essence of adherence to the rule of law in Nigeria.

“It is also anathema to the principle of good governance, which is hinged on respect for the rule of law, constitutionalism, and democratic tenets. In other words, it is a recipe for bad governance.” Obla stated.

Meanwhile, councils in Jigawa State have been enjoying financial autonomy even before the recent court verdict in respect of the matter.

The state chairman of NULGE, Comrade Abubakar Garba Shittu stated this when contacted on the status of the local government financial autonomy in the state.

“We don’t have problems with regards to local government autonomy, even though the court verdict allowed states to continue to have much say on local government administration.

“In Jigawa State, local governments have been receiving their allocations but they pay back all the statutory deduction according to the state law,” he said.

Stakeholders have unanimously supported the delay in the enforcement of Supreme Court Judgement in Osun State.

While hoping that the judgement would be enforced to the latter in due course for good governance, they called for restraints in its immediate enforcement to avoid subjecting workers to hardship especially with the prevailing economic situation.

A local government staff at Obokun local government area of Osun State, Kunle Adeniyi, expressed the fear that if the judgement was enforced, it would be difficult for workers to receive their salaries.

A legal luminary, Bola Hammed, said due process of law should be taken in electing political officeholders at local government levels.