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Tag: Supreme Court

  • We have been enjoying financial autonomy in Lagos – LG chairman

    We have been enjoying financial autonomy in Lagos – LG chairman

    Mr Fatai Ayoola, Chairman, Ajeromi-Ifelofun Local Government Council, Lagos State, says councils in the state had been enjoying financial autonomy before Thursday’s Supreme Court judgment.

    The apex court granted financial autonomy to local governments in its judgment in a suit filed by the Federal Government.

    Reacting, Ayoola said that Lagos State Gov. Babajide Sanwo-Olu  had been making governance easy at the local government level.

    Speaking in Lagos on Friday, he described the judgment  a welcome development.

    “Lagos has a unique way of doing things. Our governor doesn’t touch our money. That is why you can see a local government chairman like me building a stadium.

    “That is why you can see a local government chairman doing an empowerment programme of N250 million for women.

    “I am going to have a security summit next week and I will be distributing 18 vehicles next week to security agencies.

    “I have been able to build schools, hospitals and have constructed roads. Lagos is different,” he said.

    Ayoola said that the judgment would bring succour to chairmen who were not enjoying the privilege Lagos council chairmen had.

    “The actual beneficiaries of this landmark judgment are in some states, where the state government appointed caretakers to man local governments.

    “That does not happen in Lagos. Gov. Babajide Sanwo-Olu does not touch our money.

    “We are able to use our money to meet the yearnings of the people,” he said.

  • LG autonomy: Governors react over Supreme Court ruling

    LG autonomy: Governors react over Supreme Court ruling

    The Nigeria Governors’ Forum (NGF) welcomes the ruling of the Supreme Court granting autonomy to local governments areas, Chairman of the forum and Governor of Kwara State, AbdulRazaq AbdulRahman, has said.

    AbdulRahman made the remark while addressing State House correspondents after a meeting with President Bola Tinubu on Friday.

    He was accompanied by Gov. Hope Uzodimma, Chairman, All Progressives Party (APC) Governors Forum and Dr Bala Mohammed, Chairman, Peoples Democratic Party (PDP) Governors Forum.

    “Compliance is a given and our Attorney General has applied for the enrollment order, which we’ll study carefully.

    “But by and large governors are happy with the devolution of power in respect of local government autonomy. It relieves the burden on governors.

    “Our people really don’t know how much states expense in bailing out local governments, and that’s the issue there,” he said.

    He said in his state Kwara, the government had never tampered with local government funds.

    “What the local governments have to do is to manage themselves, especially with the incoming minimum wage, to manage their affairs and make sure salaries are paid, traditional rulers get their five per cent and those are the main issues,” he said.

    On states where local government elections are yet to be conducted, he said the forum would meet next Wednesday to look at the issue wholly and then come up with a resolution.

    He also said the discussion on minimum wage was ongoing, and that the tripartite committee had met and submitted its report.

    “Yes, a movement of figures is the  prerogative of the president which he will also transmit to the National Assembly for robust debate before it’s adopted,” said AbdulRahman.

    LG autonomy requires accountability – Church leaders

    Some church leaders, on Friday in Lagos, called for a structured accountability system in  local governments to enhance grassroots development.

    The leaders described as a watershed,  Thursday’ Supreme Court judgment granting financial autonomy to local governments.

    They said that accountability was, therefore, needed to make local governments responsive.

    The General Overseer of the Calvary Kingdom Church, Okokomaiko, Lagos State, Archbishop Joseph Ojo, said that the judgment was landmark and would  make local governments truly independent.

    Ojo called for a structured accountability system to that would  foster  needed development at the grassroots.

    “It is the real independence day for local governments if politician will not find a way of making sure it does not work.

    “The constitution made provision for three tiers of government since, but it has actually been two because of the superintendence of states on  LGAs, making  them subservient.

    “Until the people reject bad governance, nothing will work.  Therefore, with the autonomy of the LGAs, the people should ensure they hold the managers accountable,” he said.

    The Founder of the Holy Fountain Church in Lagos State, Babatunde Okeyomi, said that the judgment would lead to improved  welfare of the people.

    Okeyomi added that the judgment would strengthen the country’s democracy and make local government more viable and people-oriented.

    He called on communities to ensure that local government chairmen would  not enrich themselves unlawfully with public funds.

    LG autonomy: LP, APC speak on Supreme Court judgement

    Labour Party (LP) and All Progressives Congress (APC) in Oyo State have commended Thursday’s Supreme Court judgment which granted autonomy to local governments in Nigeria.

    The two political parties, in their separate interviews on Friday in Ibadan, saying the development would fast track development at the grassroots.

    Chairman of Labour Party in the state, Sadiq Atayese, said that the autonomy was long overdue.

    “Everyone who is conscious of the level of transformation that functional third tier of government could bring to the grassroots has been clamouring for its autonomy.

    “The development will go a long way in ensuring that infrastructure development gets to the grassroots, hence the impacts of democratic government will be more felt.

    “Local government is the closest to the people, but unfortunately, over the years, their functions have been usurped by the state government for obvious reasons, thereby stifling development at that level of government administration.

    “The judgment has now given a clear direction on how the funds due to local governments from the federation account should be channeled,” he said.

    Atayese expressed the hope that state governors would cooperate with the ruling in order to fast track development at the grassroots.

    “The governors should remember that they have all sworn an oath to protect and defend the constitution and uphold the rule of law,” he said.

    Atayese said that his party would continue to identify with the rule of law and ensure that all legal provisions aimed at ensuring the wellbeing of the masses were respected.

    He also called for amendment of all necessary parts of the constitution that might be in conflict with the judgment.

    Similarly, the Publicity Secretary of APC in the state, Mr Olawale Sadare, said that the judiciary had, by the judgment, cleared the doubts surrounding the misinterpretation of a particular Section of the 1999 Constitution (as amended).

    According to him, some people have been leveraging that particular section to shortchange the third tier of government.

    While stating that the judgment was long overdue, Sadare commended the judiciary for upholding the rule of law.

    Sadare urged Federal Government to use the judgment to meet the yearnings of the people at the grassroots, through the local government councils, for accelerated growth and development of the country.

    He also called on the anti-graft agencies to henceforth be on their toes and monitor how council funds would be utilised to avoid mismanagement.

    The federal government had instituted a legal action against the governors of the 36 states of the federation at the Supreme Court over alleged misconduct in the local government administration.

    The governors of the 36 states were sued through their respective attorneys-general.

    The suit filed by the Attorney General of the Federation (AGF) and Minister of Justice, Lateef Fagbemi, sought full autonomy for the local government as the constitutionally-recognised third tier of government.

    The federal government had argued that since the constitution recognises local governments as the third tier of government, they should be granted autonomy and allowed to draw funds directly from the federation account.

    Supreme Court judgement on LG autonomy, victory for democracy – IPAC

    The Inter-Party Advisory Council (IPAC), said the Supreme Court judgment on Local Government financial autonomy is a victory for sustainable democracy in Nigeria.

    IPAC National Chairman, Yusuf Dantalle, who stated this at a news conference on Friday in Abuja, called for the immediate implementation of the Apex court’s judgment on the matter.

    The Supreme Court had on Thursday in a judgment granted financial autonomy to Local Governments (LGs) in the country, barring state governors from constituting caretaker committees to run the affairs of council areas.

    “The judiciary has again shown that it remained the temple of justice and beacon of hope for all aggrieved people through judgment it delivered on local government autonomy,’’ he said.

    He said that the judgment had restored citizens’ confidence in the judiciary as we strive to fix the nation and make it great again.

    “The Federal Government’s action in instituting the suit to liberate the 774 Local Governments from the clutches of State Governors is the best decision it has taken so far.

    “It is a giant step forward in revamping the economy and bolstering grassroots development across the country.

    “It is unfortunate that governors who ought to have bolstered local government development in the country, chose to suffocate it by retaining and utilising funds meant for LGAs,’’ he said.

    Dantalle said he was particularly happy that the apex court also held that no House of Assembly of any State has the power to make laws that could, in any manner, interfere with monies meant for the local governments.

    “This is important as governors who are used to divert LGs funds for over two decades could seek ways to circumvent the apex court ruling by using State Houses of Assembly,” he said.

    “IPAC has been in the vanguard for full autonomy of LGs as clearly provided for in the 1999 Constitution, as amended.

    “I have also sought for the abolition of the ill-conceived appointment of Caretaker Committees, an affront to the constitution,” he said.

    Dantalle called on the Economic and Financial Crimes Commission (EFCC) to beam its searchlight to ensure funds released to LGs were prudently used for the good of the people.

    “With this historic judgment, Nigerians expect rapid development of local government areas, as millions in terms of job creation to curb the problem of unemployment,” he said.

    He  urged the local government chairmen to reciprocate the gesture of the landmark judgment by ensuring judicious use of the resources allocated to their various areas.

    Dantale reiterated IPAC’s call for the scrapping of State Independent Electoral Commissions (SIECs), saying they have proven to be incompetent and incapable of conducting free, fair and credible elections.

    He said that SIECs are not only mere appendages of various government houses, but lack the capacity and requirements to conduct credible polls.

    “To restore confidence in the electoral process, INEC should be empowered and mandated to conduct all  Local Governments elections in Nigeria,’’ he said.

  • LG autonomy: Reactions trail Supreme Court’s judgement

    LG autonomy: Reactions trail Supreme Court’s judgement

    Stakeholders in Kaduna, Kano and Katsina States said Thursday’s judgment of the Supreme Court on the autonomy of the 774 LGAs was a huge victory for democracy.

    A cross-section of these elated critical stakeholders in the country’s LG system spoke in separate interviews in the three states.

    Recall that the Apex Court had in a landmark judgment on Thursday, ordered the Federal Government to immediately start the direct payment of local government funds to their exclusive accounts.

    In its lead judgement read by Justice Emmanuel Agim, the court chided the decades-long refusal of the state governments to allow the financial autonomy for the 774 LGAs, hence ”suffocating them’.

    Agim averred that the 774 local government councils in the country should manage their funds themselves.

    Similarly, he held that only democratically-elected local government administrations were entitled to these funds and not mere appendages of the states in the name of ‘caretaker committees’h

    The Chairman of the Nigeria Union of Local Government Employees (NULGE) in Jema’a Local Government Area of Kaduna State, Mr Abbas Abbas, described the ruling as a victory for democracy.
    He said, “This is a victory not only for NULGE and Nigerians, but a victory for democracy.

    “You cannot have three tiers of government with one being subordinate to the other.”

    Abbas opined that granting financial autonomy to the local governments would bring about more infrastructural development at the grass roots.

    He added that the ruling has created additional checks and balances as the LG Chairmen would  now be further emboldened to stand up to non- performing Governors.

    A former NULGE President in Sokoto State, Alhaji Shehu Dange told NAN in Kaduna, “First we thank Almighty Allah for the Victory.

    “I also appreciate the supreme court for doing what’s best for the country.

    ”I also congratulate Nigerians in the 774 L/G in Nigeria.I equally appreciate our leaders at the national level for standing firm throughout this struggle.

    “May Almighty Allah bring lasting peace to our dear country.”

    The President, Kaduna State chapter of the Nigeria Union of Local Government Employee (NULGE), Mr Rayyanu Turunku, said the supreme court’s decision was a welcome development.

    Turunku said the decision of the supreme court  was  a good decision for all Nigerians not only for the union.

    He said local government was the tier of government that was closer to the people particularly those in the rural areas.

    Turunku said,”Every Nigerian has his origin from the local government from the top to the bottom.”

    He said that some of the challenges the country was facing were due to the lack of autonomy of the local governments.

    Turunku said,”With this development,  a lot of these challenges will be reduced.”

    In his view, Dr Abubakar Danja, Department of Public Administration, Ahmadu Bello University (ABU) Zaria, advocated an improved accountability mechanism to checkmate corruption, leakages and wastages at the local government level.

    The don made the suggestion in an interview with the News Agency of Nigeria (NAN) on Thursday in Zaria.

    Danja suggested the establishment of a joint taskforce by the State and Federal Government towards ensuring that money sent to the LG coffers was judiciously utilised.

    He added that the monthly allocations to the LGs should be adequately publicised to enable the  citizens to ask relevant questions about it.

    He said the joint task force, when established, should also adopt the ‘name-and-shame’ approach any  LG Chairman found wanting.

    The don, who was delighted over the verdict, expressed hope that the judgment may translate into a rapid development at the local government level.

    He added that such development would bring access to adequate social amenities and public infrastructure from the local governments.

    The don also hoped that the local governments would be able to manage the resources judiciously, devoid of wastages and corruption.

    Danja added that the judgment was a welcome development on democracy and the federal system of governance in Nigeria.

    He added that the constitution of the Federal Republic of Nigeria has earmarked separate independent powers and areas of jurisdiction to Federal, state and local governments.

    He added with dismay that the state Governors have hijacked the LGs allocations and they manage the money on behalf of the local government, thereby ‘endangering their performance.

    “These led to agitations by so many organisations and stakeholders for the full LG autonomy in terms of finances, elections and other things.

    “We are therefore happy with the Supreme Court judgment,’’ Danja said.

    Corroborating,  Malam Ibrahim Chawai, former Secretary, NULGE Sabon Gari LG said  to an average Nigerian, the judgment means that more money would come to the grassroots level.

    This, he said, would drastically reduce unemployment, poverty and insecurity.

    “If the LG has money they can embark on projects which will be carried out by local contractors; these local contractors engage local skilled and unskilled laborers for the job,’’ Chawai said.

    The Chairman, Nigerian Labor Congress (NLC) Kano State chapter, Kabiru Inuwa, also hailed the landmark Supreme Court judgment granting financial autonomy to the 774 Local Governments in Nigeria.

    Inuwa who said this while reacting to the judgment on Thursday in Kano, explained that the judgement would enhance development in the country.

    The chairman also said that the judgment was a significant milestone in the quest for true democracy in the country.

    According to him, the decision will bring development to the grassroots and bring the government closer to the people.

    The labour leader added that the next step was to  empower the Independent National Electoral Commission (INEC) to oversee the organisation of local government elections.

    He said that the step would strengthen the integrity of the process by enhancing the transparency of leadership selection mechanisms at the grassroots level.

    Inuwa called on all the stakeholders, including the federal and state governments, to embrace this decision and work collaboratively towards its implementation.

    The chairman commended  President Bola Tinubu, National Assembly the judiciary for the feat.

    Various stakeholders in Katsina State also welcomed the judgment, describing it as a good omen for the LGs and the citizens in general.

    Legislators, AGF throw weight behind LGs autonomy

    Sen. Godswill Akpabio, President of the Senate, Alhaji Tajudeen Abbas, Speaker of the House of Representatives and Mr Lateef Fagbemi, Attorney General of the Federation (AGF) and Minister of Justice, have applauded the Supreme Court judgment granting autonomy to local governments in the country.

    The legislators and the AG spoke when they visited President Bola Tinubu at the State House on Thursday in Abuja.

    Akpabio said the request for local governments’ autonomy was placed before the courts by AGF because the Federal Government felt strongly about separation of powers and the need for autonomy for all arms of government.

    “The Supreme Court has spoken and we have no option than to abide by the Supreme Court ruling.

    “So, I will just call on all states of the federation to respect what the Supreme Court has done and then we will go back to the legislature to ensure full implementation.

    “Because you know the words of the Supreme Court are like the words of the king, they cannot go without implementation,” said Akpabio.

    He said the ruling was great for democracy, “and I congratulate the president for this initiative.

    “I know that all Nigerians now know that local government administration is an arm of government meant for the grassroots and their money should be for the grassroots.

    “Definitely, local governments can now undertake projects on their own. So, it’s a great day for democracy and is the beginning of great things to come.”

    To the governors who seem not to conduct elections at local government level, Akpabio said that they should ensure impartial elections at the local government level so that all the political parties could participate.

    “At the moment, there’s a lot of lethargy and nonchalant attitude by many political parties not in power at the state level; they hardly partake in local government elections because of they believe in bandwagon effect and all that.

    “So, it is a great thing that the Supreme Court has done the needful, and now we have to go back and think, working with the AGF’s office and the parliament to see how we can ensure that there’s real election at the local government level.

    “I think once that is done everybody will have confidence. It’s progress for democracy, and that is how it should be.

    “So, we congratulate the justices of the Supreme Court and we in the parliament are determined to make sure there’s enforceability,” said Akpabio”.

    Abbas was emphatic that history had been made with the Supreme Court judgment affirming the autonomy of local governments.

    “This is an issue that has been before the parliament for the past two years; all the constitutional amendments so far carried by the National Assembly, one aspect has always been local government autonomy.

    “Today everyone is happy and we are looking forward to local government that will work functionally, and that will be able to work on there own and extend goodwill to their own people undisturbed,” he said.

    Fagbemi likened the Supreme Court judgment to the emancipation of local governments, which had freed them from the shackles of the past.

    “I hope that local government officials will look at it as an opportunity to develop their various local governments.

    “Part of it requires that states government’s conduct elections for local government areas.

    He said the “ball is in the court of the governors but the judgement is clear as to what they should do.

    “The judgement is clear as to what consequences will follow failure or refusal to follow the judgement of the Supreme Court which takes immediate effect.”

    Supreme court judgment, respite for LG system in Anambra – PDP

    The Peoples Democratic Party (PDP) in Anambra has described the Supreme Court judgment on remittance of Local Government Council allocation directly to the third tier of government as a “reprieve” for the local government system.

    Chief Chigozie Igwe, Chairman of PDP in Anambra, reacted to the judgment in an interview on Thursday.

    Igwe said it would address the refusal and reluctance of some state governments to conduct council elections.

    He said it would take development and increased democratic participation at the grassroots when council elections were conducted as well as increase awareness among the people which would  make them hold officials responsible.

    “The judgement is a welcome development for democracy; we are happy for it because the ruling party has been doing all they could to kill the local government system in Anambra.

    “Our problem in Nigeria lies with rural development and this cannot take place without the independence at the local government level through a duly elected administration.

    “The ruling party in Anambra has been doing all they can to kill the local government system in Anambra but this judgement is a good starting point for it to come alive,” he said.

    Igwe called on the Federal Government to ensure that the funds accruing to the councils were not trapped and unaccessed because of absence of elected council officials.

    He called on the Anambra government to conduct elections at the local government council election and allow the people of the state to enjoy the benefits of the judgement.

    “What this means is that money have been sent back to the people at the grassroots, so people should come down to that level and campaign, tell the people what they want to do for them.

    “The judgement will not affect the rate at which people want to be governors; those who want to be governors will pursue their ambition because they have what it takes to be governors not because they want want to brag with allocations of Local Government,” he said.

    LG autonomy will revitalise governance at grassroots – NLC

    The Nigeria Labour Congress (NAN) says the Supreme Court judgment granting financial autonomy to the Local Government will revitalise governance at the grassroots.

    Mr Joe Ajaero, NLC President said this in a statement issued on Thursday in Abuja.

    Reacting to the apex court judgment granting financial autonomy to local government councils, Ajaero described the decision of the court  as “courageous and transformative”

    “”The judgment is significant in restoring democratic principles and fostering national progress.. It is a crucial step towards revitalising grassroots governance, which has been stifled for too long.

    “The supreme court through this landmark judgment has not only restored our democracy, but also peoples hope in democracy,” he said.

    The labour leader commended the Attorney General of the Federation who went through the whole legal processes.

    “We  urge that all necessary measures  be taken that this judgment is not sabotaged at the implementation stage,” he said.

    NULGE lauds supreme court judgment on LG autonomy

    The leadership of the National Union of Local Government Employees (NULGE) has commended the Supreme Court judgment granting autonomy to the local governments.

    Mr Hakeem Ambali, National President of NULGE gave the commendation in a statement on Thursday in Abuja.

    The apex court in a landmark judgment had declared unconstitutional for state governors to hold funds allocated for local government administration.

    Ambali described the judgment as imperative for local development, adding that the ruling marked the realisation of a longstanding aspiration.

    “We want to return all Glory to God Almighty. We commend President Bola Tinubu for offering courageous leadership in ensuring that this is achieved.

    “We have always maintained that, if you do not fix thelLocal government system, you cannot fix Nigeria. We also thank the Attorney-General of the Federation (AGF) who went through the whole legal processes.

    “We also commend the Justices who delivered this landmark judgment on behalf of the Nigerian people and we believe that the Nigerian masses will be better for it.

    “Local government autonomy will reduce the problem of Nigeria by at least 50 per cent. It will reduce infrastructural gap, and improve community and food security.

    “Local Governments will return us back to the good years of functional and well-run primary education and health care system, while security will be improved,” he said.

    He also said that the local government would be able to recruit, train and retrain local security operatives to carry out intelligence gathering to fight crimes.

    He added that vocational skills for women and youths will become the order of the day.

    “To our governors, since the supreme court is the final court in the land, we trust them to obey the judgment.

    ” We appeal to the governors to see the judgment as a necessity towards national growth and development.

    “We also  warn the political class at the local government level to be transparency and accountable,” he said

    Ambali said NULGE would partner with all anti-corruption agencies to track local government fund to ensure it is judiciously used for the good of the Nigerian people.

    He also called on the Federal Accounts Allocation Committee (FAAC), to, henceforth, publish local government allocation monthly in order for the masses to be able to hold their political leaders accountable on how they disburse and apply local government funds.

    “We hope this will reduce mass poverty in the land. It will also bring about political inclusiveness, it will stem insecurity in the land and lead to creation of jobs through vocational skills acquisition and empowerment at local government level.

    “It will also lead to reduction of infrastructural gaps; rural roads will be opened, food security will be guaranteed and community GDP will be increased,” Ambali added.

    Supreme Court judgment on LGs good for democracy – Soludo

    Gov. Chukwuemeka Soludo of Amambra says the Supreme Court judgment affirming constitutional rights of local governments is good for democracy.

    Soludo said this while addressing State House correspondents after a visit to President Bola Tinubu on Thursday.

    “Supreme Court is the final authority and, as a democrat, I believe in the rule of law. And once the Supreme Court has spoken, it has spoken.

    “I haven’t seen the document, but we need resources to get down to the grassroots and we need the people’s money to work for them at all levels, whether at the federal, state or local government.

    “We need to promote  accountability. We need to promote transparency in the utilisation of public resources at all levels, to be able to lift the burden of the common man,” he said.

    On the implication of the judgment for Anambra which has no elected local government officials, he said the state Independent Electoral Commission law had just been passed.

    “The institutions to organise the election are being put together.

    “It is a promise I made during my inauguration, and when I make a promise, I am serious about keeping it.

    “But, even without elected local government officials, we’ve made sure that the resources of the local government get down to the local governments to address their needs.

    “For my state, there has been a lingering litigation that stopped local government elections in the past, and that particular litigation is still on.

    “So, we’re going to see how we handle all of that, and to organise a local government election as appropriate.

    “I’m a believer in having a democratic system. Like I said, I made a firm commitment to that and I don’t say what I will not do.”

    LG autonomy: Gbenga Daniel congratulates Tinubu, hails Supreme Court

    Sen. Gbenga Daniel, representing Ogun East Senatorial District in the National Assembly, has congratulated President Bola Tinubu on the Supreme Court judgment which granted autonomy to local governments.

    Daniel, in a statement issued in Abuja on Thursday, also commended the apex court for the landmark judgment.

    He said that Tinubu had, through the judgment, demonstrated an uncommon courage and leadership by returning Nigeria to the path of growth and development.

    He said that the constitutional resolution of the apex court was long overdue, as local government administration was the closest to the grassroots.

    The former Ogun governor said that local governments should have the capacity to directly impact on the lives of the people through the initiation of life-changing policies and programmes.

    He said that the president and the supreme court have restored sanity to the Nigerian political space, adding that the judgment would allow for delivery of democracy dividends to the masses.

    “As a democrat and a progressive one at that, Asiwaju Bola Tinubu has demonstrated enormous capacity in the struggle towards strengthening Nigeria’s Democracy, with this local government financial autonomy.

    “He has once again set to recalibrate the wheels of our political and economic growth in a way that it will make clear meaning to the average citizen.

    “I salute Mr President for this global roadmap that will usher in true and practical development in our nation,” Daniel said.

  • BREAKING: Supreme Court grants full autonomy to LGAs

    BREAKING: Supreme Court grants full autonomy to LGAs

    Supreme Court, on Thursday, declared that it is unconstitutional for state governors to hold onto funds meant for Local Government (LG) administrations.

    In its lead judgement read by Justice Emmanuel Agim, the apex court observed that the refusal of state government on financial autonomy for local governments has gone on for over two decades.

    He said local governments has since stopped receiving the money meant for them from the state governors who act in their stead.

    Justice Agim noted that the 774 local government councils in the country should manage their funds themselves.

    He dismissed the preliminary objections of the defendants (state governors).

    There are 774 local government areas in the country but the efficiency of the third tier of government has been hampered by the weight of some controlling and overbearing governors who have been accused of mismanaging funds meant for the administration of local governments.

    In the last few months, calls for local government autonomy have increased in Nigeria. President Bola Tinubu also supported the calls and in May, the Federal Government, through the Attorney-General of the Federation (AGF), Lateef Fagbemi, sued the 36 state governors over alleged misconduct of local government funds.

    Currently, the Federal Government gets 52.68%, and states get 26.72%. In comparison, LGs get 20.60% of the country’s monthly revenue allocated by the Revenue Mobilisation Allocation and Fiscal Commission (RMAFC) which operates under the Presidency, and disbursed by the Federation Account Allocation Committee (FAAC).

    In the suit filed by AGF, the Federal Government sought an order preventing the governors from arbitrarily dissolving democratically elected councils. The suit by the AGF was on 27 grounds.

    The 36 state governors, who are defendants in the suit, opposed the AGF for instituting the case.

     

    In his judgement, Justice Agim said the AGF has the right to institute the suit and protect the constitution.

    The apex court consequently directed that Local Government allocations from the Federation Account should be paid directly to them henceforth, and not to state government coffers.

    Justice Agim pointed out that the state governors’ retention of the monies meant for the Local Governments truncates the latter’s activities.

    Justice Agim ordered the immediate compliance of the judgement, stating that no state government should be paid monies meant for Local Governments.

     

  • LG Autonomy: Supreme Court to deliver judgment July 11

    LG Autonomy: Supreme Court to deliver judgment July 11

    The Supreme Court will deliver its judgment tomorrow, Thursday, July 11, in the case filed by the Federal Government against the 36 state governors, seeking full autonomy for the 774 local governments in the country.

     

    According to a document seen at the apex court, all parties involved have been notified through their respective lawyers.

     

    It was also observed that the notice of judgment delivery was served to the Federal Government through the office of the Attorney General of the Federation and Minister of Justice at the Federal Ministry of Justice in Abuja.

     

    Justice Garba Mohammed Lawal had, on Thursday, June 13, reserved judgment in the suit and announced that parties would be notified once the judgment was ready. Justice Lawal, leading a 7-man panel of Justices, made this announcement after both the Federal Government and the governors presented their cases.

     

    Attorney General of the Federation (AGF) Prince Lateef Fagbemi, SAN, represented the Federal Government, while the 36 state governors were represented by their respective lawyers. The AGF urged the Supreme Court to grant all the reliefs sought by the Federal Government and provide full autonomy to local governments as the third tier of government in Nigeria, as envisaged by the constitution. He argued that this autonomy should include direct allocation of funds from the federation account to the local governments, instead of the current practice where governors control the councils’ funds.

     

    The AGF also sought an order prohibiting the unlawful dissolution of local government officials by state governors. In contrast, the governors,

  • Biden warns Supreme Court presidential immunity ruling is ‘dangerous precedent’

    Biden warns Supreme Court presidential immunity ruling is ‘dangerous precedent’

    U.S. President Joe Biden said on Monday the Supreme Court ruling on presidential immunity set a “dangerous precedent” that could turn presidents into kings and called on the American people to “dissent” by rejecting Donald Trump in November’s election.

    In clear, measured remarks from the White House, Biden said the court decision meant Trump was highly unlikely to go on trial before the Nov. 5 election for his role in seeking to overturn the results of the 2020 election, and warned it could turn U.S. presidents into kings.

    The court found Trump cannot be prosecuted for any actions that were within his constitutional powers as president but can be for private acts, in a landmark ruling recognising for the first time any form of presidential immunity from prosecution.

    “This nation was founded on the principle that there are no kings in America.

    “Each, of us is equal before the law. No one, no one is above the law. Not even the president of the United States,” Biden said, reading from a teleprompter.

    He said the court’s decision meant there were now virtually no limits on what a president could do.

    “It’s a dangerous precedent because the power of the office will no longer be constrained by the law,” Biden said.

    “The only limits will be self-imposed by the president alone.”

    Biden, 81, was making his first set of remarks at the White House since his shaky debate against Trump last week led to calls for him to step aside as the Democratic Party’s standard-bearer for the election.

    After he stumbled over his words on the Atlanta debate stage, his remarks and comportment are being scrutinized for signs that he is up to the job of running for re-election and governing the country for four more years.

    Biden said he sided with liberal Justice Sonia Sotomayor, who wrote she feared for U.S. democracy in her dissent in the 6-3 decision.

    “Now the American people will have to do what the court should have been willing to do, but will not.

    “The American people will render judgment on Donald Trump’s tenure,” Biden said, alluding to the November presidential election.

    “I concur with Justice Sotomayor’s dissent today,” he added. “So should the American people dissent.

    “I dissent. May God bless you all. May God help preserve our democracy,” Biden said in closing.

    Asked on Fox News about Biden’s remarks, House Speaker Mike Johnson called them “despicable” and “dangerous” and accused the president of “trying to undermine the Supreme Court.”

    Biden is running for re-election against Trump and has been sharply critical of his rival’s actions related to the Jan. 6, 2021, raid on the U.S. Capitol by Trump’s supporters, who believed Trump’s false claims that he had won the 2020 election.

    “Now the man who sent that mob to the U.S. Capitol is facing a potential criminal conviction for what happened that day.

    “The American people deserve to have an answer in the courts before the upcoming election,” Biden said, referring to Trump being charged for his role in spurring the riot.

    Biden said the public has a right to know the results of that prosecution before the election in November.

    “Now, because of today’s decision, that is highly, highly unlikely. It’s a terrible disservice to the people in this nation.”

  • Trump immune from prosecution for official acts – U.S. Supreme Court

    Trump immune from prosecution for official acts – U.S. Supreme Court

    The U.S. Supreme Court said on Monday that former U.S. President Donald Trump can claim immunity from prosecution on election subversion charges as it relates to official acts as president.

    The U.S. apex court said this even though he could still face prosecution for unofficial acts.

    “Held: Under our constitutional structure of separated powers, the nature of Presidential power entitles a former President to absolute immunity from criminal prosecution for actions within his conclusive and preclusive constitutional authority.

    “He is entitled to at least presumptive immunity from prosecution for all his official acts.

    “There is no immunity for unofficial acts,” the Supreme Court said in a ruling.

    Lower courts denied Trump’s motion to dismiss the election subversion indictment against him based on claims of presidential immunity and declined to decide on whether the indicted conduct involved official acts.

    Certain allegations in the case against Trump are readily categorised while others present “more difficult questions,” the ruling said.

  • U.S. Supreme Court upholds federal domestic-violence gun ban

    U.S. Supreme Court upholds federal domestic-violence gun ban

    The U.S. Supreme Court on Friday upheld a federal law that makes it a crime for people under domestic violence restraining orders to have guns.

    The ruling handed victory to President Joe Biden’s administration as the justices opted not to further widen firearms rights after a major expansion in 2022.

    The 8-1 ruling, authored by conservative Chief Justice John Roberts, overturned a lower court’s decision striking down the 1994 law as a violation of the U.S. Constitution’s Second Amendment right to “keep and bear arms.”

    The law was challenged by a Texas man who was subject to a restraining order for assaulting his girlfriend in a parking lot and later threatening to shoot her.

    The New Orleans-based 5th U.S. Circuit Court of Appeals had concluded that the measure failed the Supreme Court’s stringent test set in 2022 that required gun laws to be “consistent with the nation’s historical tradition of firearm regulation” to comply with the Second Amendment.

    Roberts wrote in the ruling that since the nation’s founding, firearm laws have targeted people who threaten physical harm to others.

    “When a restraining order contains a finding that an individual poses a credible threat to the physical safety of an intimate partner, that individual may – consistent with the Second Amendment – be banned from possessing firearms while the order is in effect,” Roberts wrote.

    Biden’s administration defended the law as critical to protect public safety and abuse victims, who often are women.

    It emphasised that guns pose a particularly serious threat in domestic violence situations and also are extremely dangerous to police officers called to respond.

    “No one who has been abused should have to worry about their abuser getting a gun,” Biden said, touting his record on gun control.

    “As a result of (Friday’s) ruling, survivors of domestic violence and their families will still be able to count on critical protections, just as they have for the past three decades.”
    Conservative Justice Clarence Thomas, who authored the 2022 ruling in a case called New York State Rifle and Pistol Association v. Bruen, was the lone dissenter.

    “Not a single historical regulation justifies the statute at issue,” Thomas wrote.

    He added that “in the interest of ensuring the government can regulate one subset of society, (Friday’s) decision puts at risk the Second Amendment rights of many more.”

    The case involved Zackey Rahimi, who pleaded guilty in 2021 to illegally possessing guns in violation of this law while subject to a restraining order.

    Police found a pistol and rifle while searching Rahimi’s residence in connection with at least five shootings, including using an assault-type rifle to fire at the home of a man to whom he had sold drugs.

    A federal judge had rejected Rahimi’s Second Amendment challenge and sentenced him to more than six years in prison. Violating the domestic violence gun law initially was punishable by up to 10 years in prison but has since been raised to 15 years.

    Gun safety groups called Friday’s ruling a legal victory that will help counter firearms violence. But they condemned actions by the 5th Circuit, perhaps the most conservative federal appeals court, that let the case get this far.

    “As millions of domestic violence victims breathe a sigh of relief, it’s worth remembering who put them in jeopardy: extreme Trump-appointed judges on the 5th Circuit who sided with an abuser who wanted to keep his guns,” said John Feinblatt, president of Everytown for Gun Safety, referring to Republican former President Donald Trump.

    Rahimi’s lawyer declined to comment on the ruling.

    In a May Reuters/Ipsos poll, 75 per cent of registered voters, including 84 per cent of Democrats and 70 per cent of Republicans, said that a person subject to a domestic violence restraining order should not be allowed to possess firearms.

    In a nation bitterly divided over how to address firearms violence including frequent mass shootings, the Supreme Court often has taken an expansive view of the Second Amendment, broadening gun rights in landmark rulings in 2008, 2010, and 2022.

    The 2022 Bruen ruling recognized a constitutional right to carry a handgun in public for self-defense, striking down a New York state’s limits on carrying concealed handguns outside the home.
    In another case, the Supreme Court in a 6-3 ruling on June 14 declared unlawful a federal ban on “bump stock” that enable semiautomatic weapons to fire rapidly like machine guns.

    The 5th Circuit last year set aside Rahimi’s conviction, concluding that although he was “hardly a model citizen,” the 1994 law was an “outlier” that could not stand under the “historical tradition” standard the justices announced in Bruen.

    Supporters of Rahimi have argued that judges too easily issue restraining orders in an unfair process that results in the deprivation of the constitutional gun rights of accused abusers.

  • BREAKING! LG Autonomy: Supreme Court reserves judgment over dispute

    BREAKING! LG Autonomy: Supreme Court reserves judgment over dispute

    The Supreme Court on Thursday reserved judgment in the suit filed for the Federal Government by the Attorney General of the Federation (AGF) against States in relation to the dispute over the autonomy of Local Governments in the country.

    A seven-member panel, presided over by Justice Mohammed Lawal Garba, said a date for the judgment will be communicated to parties and their counsel.

    Justice Garba made the announcement on the reservation of the judgment shortly after lawyers to parties adopted their final addresses and made final submissions.

  • LG funds: Supreme Court set date to hear FG’s suit against 36 Govs

    LG funds: Supreme Court set date to hear FG’s suit against 36 Govs

    The Supreme Court on Thursday fixed June 13 to hear a suit filled by the Federal Fovernment against the 36 state governors over alleged misconduct in the handling of local government affairs.

    Justice Garba Lawal fixed the date while ruling in an application for abridgment of time argued by Lateef Fagebemi, SAN to allow time for all parties to file their processes and exchange same.

    He ordered the 36 state governors of the federation to file their respective defense to a suit instituted against them by the federal government seeking for full autonomy for the 774 local government in the country.

    Lawal who led a seven man panel of the apex court said that the decision of the court was predicated on the national urgency of the suit and the non objection from the attorneys general of the states of the federation.

    The apex court also ordered the attorney general of the federal of the federation that upon receipt of the governors defense, he must file his reply within two days.

    He ordered that the eight states that were not in attendance at Thursdays proceedings must be served with fresh hearing notice.

    The 8 States are Borno, Kano, Kogi, Niger, Ogun, Osun, Oyo and Sokoto, whose attorneys general were absent in court, despite being served with hearing notice.

    The Federal Government had dragged the 36 state governors to the Supreme Court over alleged misconduct in the handling of local government affairs

    Mr Lateef Fagbemi, the Attorney General of the Federation, instituted the action against the governors to seek full autonomy for local governments as the third tier of government.

    According to Fagbemi, the suit is a deliberate attempt at removing local governments from gross abuse by the state governors.

    In the suit marked SC/CV/343/2024, the AGF is praying the apex court for an order prohibiting state governors from unilateral, arbitrary and unlawful dissolution of democratically elected leaders for local governments.

    The governors were sued through their respective State Attorneys General.

    The suit is predicated on 27 grounds among which are that the Nigeria Federation is a creation of the 1999 Constitution with the President as head of the federal executive arm of the Federation who has sworn to uphold and give effects to the provisions of the Constitution.

    The originating summons personally signed by Fagbemi, has been fixed May 30 for hearing.

    He is praying the court for an order permitting the funds standing in the credits of local governments to be directly channeled to them from the federation account in line with the provisions of the constitution as against the alleged unlawful joint accounts created by governors.

    He also sought order stopping governors from constituting caretaker committees to run the affairs of local governments as against the constitutionally recognised and guaranteed democratically elected system.

    He applied for an order of injunction restraining the governors, their agents and privies from receiving, spending or tampering with funds released from the federation account for the benefits of local governments when no democratically elected local government system is put in place.

    Fagbemi asked the apex court to invoke sections 1, 4, 5, 7 and 14 of the constitution to declare that the state governors and State Houses of Assembly are under obligation to ensure democrati system at the third tier of government.

    The suit also wants the apex court to invoke the same sections to hold that the governors cannot lawfully dissolve democratically elected local government councils.

    A 13-paragragh affidavit in support of the originating summons deposed to by Kelechi Ohaeri from the AGF’s office, Fagbemi averred that filed the suit under the original jurisdiction of the Supreme Court on behalf of the federal government.

    The deponent asserted that local government system recognised by the constitution is a democratically elected local government council and that the amount due to local government councils from the federation account is to be paid to local government system recognised by the constitution.

    That the governors represent the component states of the Federation with Executive Governors who have also sworn to uphold the Constitution and to, at all times, give effect to the Constitution and that the Constitution, being the supreme law, has binding force all over the Federation of Nigeria.

    Other prayers include: That the constitution of Nigeria recognises federal, states and local governments as three tiers of government and that the three recognised tiers of government draw funds for their operation and functioning from the Federation Account created by the Constitution.

    That by the provisions of the Constitution, there must be a democratically elected local government system and that the Constitution has not made provisions for any other systems of governance at the local government level other than democratically elected local government system.

    That in the face of the clear provisions of the Constitution, the governors have failed and refused to put in place a democratically elected local government system even where no state of emergency has been declared to warrant the suspension of democratic institutions in the state.

    That the failure of the governors to put democratically elected local government system in place is a deliberate subversion of the 1999 Constitution which they, and the President, have sworn to uphold.

    Fagbemi also said that all efforts to make the governors comply with the dictates of the 1999 Constitution, in terms of putting in place, a democratically elected local government system, have not yielded any result.

    The AGF said that the federal government  continued  to disburse funds from the Federation Account to the governors for non-existing democratically elected local government is to undermine the sanctity of the 1999 Constitution.

    He averred that in the face of the violations of the 1999 Constitution, the federal government is not obligated,  under section 162 of the Constitution, to pay any State, funds standing to the credit of local governments where no democratically elected local government is in place.