Lawyers laud Supreme Court verdict on LG autonomy

Reactions have continued to trail a recent Supreme Court judgement granting financial autonomy to the nation’s 774 local governments.

The apex court had, on Thursday, July 11, affirmed the financial autonomy of the third tier of government, a declaration many believe has freed the local governments from the stranglehold of state governors.

In a unanimous judgment by a seven-member panel, the court upheld the suit brought by the Federal Government to strengthen the independence of local governments.

Justice Emmanuel Agim, who delivered the judgement, held that local governments across the country should, from the day of judgement, receive their allocations directly from the Accountant-General of the Federation.

Reacting to the judgement, Mr. Ogedi Ogu, Country Director of Advocacy for Justice and Accountability, told the newsmen that it was unfortunate that Nigerian governors had forced the Federal Government into going to court.

“It has reached a situation where one will need a suit at the Supreme Court for the enforcement of what should ordinarily be the clear provision of the constitution,” he fumed.

“Our group applauds the bold step of the supreme court that freed the local governments from the state governors.

“To ensure the benefits and efficiency of this judgement, the electoral system must be strengthened to ensure that governors do not hand pick the chairmen of the local governments in their states.

“It will be counter productive and a return to the status quo if the governors still manipulate the system of electing the local government chairmen to make them subservient to them,” he said

Ogu suggested that local government joint accounts be voided.

Also speaking, a human rights activist, Mr. Spurgeon Ataene, told NAN that the local governments deserved autonomy to function properly as the third tier of government.

He noted that the Supreme Court’s judgement was an affirmation of the long-standing democratic norm.

Ataene regretted that there had been no noticeable progress in local governments over the years and blamed that on the stiff control by the state governments.

“What is required is for the governor, who must demonstrate altruism, to call a stakeholders meeting to deliberate on how best to carry on with the administration of these councils.

“I suggest that, in view of the fact that only 20 local government councils are recognised, in the case of Lagos, each council should reach an agreement with the parent council on how to share the allocation equally.

“This should be replicated in most viable states to forestall any form of wasteful spending.

“The well-thought-out policy of the Federal Government can only be meaningful if the humongous allocation expected from the federation account in the wake of the judgement of the supreme Court is spent judiciously,” he said

Ataene said that the most important issue thrown up by the judgement was the place of the caretaker committees.

“I am of the opinion that elections into the local councils that operate on the basis of caretaker committees should be conducted within three months from judgement and those elected sworn in,” he said.

He, however, warned that until then, those who run caretaker committees should not be dissolved until elections were conducted and winners sworn in for the purpose of public peace and tranquilly.

Kehinde Nubi, principal counsel, Kehinde Nubi and associates, on his part, told NAN that once the apex court gives a judgement in a case, the decision becomes the position of the law.

“In other words, while it would be ideal that the National Assembly springs into action to make changes to the constitution to reflect that decision, it must be appreciated that even without the requisite amendments, it will be somewhat difficult to circumvent such decision(s).

“In this particular instance, the Supreme Court gave clear orders that allocations should not only be paid directly to the local governments but that they should be withheld where the local government is not being run by democratically-elected officials.

“It also declared governors incompetent to dissolve such democratically elected councils.

“I do not foresee grey areas with respect to the joint account; it is still the Supreme Court that will further clarify this,” he said.

Nubi stated that the Supreme Court judgement should be viewed as part of the'restructuring’ many had been clamouring for.

“It has opened new vistas for resolving some of the issues bedeviling Nigeria,” he said.