The Supreme Court on Thursday granted financial autonomy to the the 774 Local Government Areas, LGAs, in the country.
The apex court in a judgment delivered by Justice Emmanuel Agim, declared that the 774 local government councils in the country should manage their funds themselves.
The court ruled that it is illegal and unconstitutional for governors to continue to receive and seize funds allocated to LGAs in their states.
It 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 LGAs.
It ordered that forthwith, funds meant for the LGAs must be directly paid to them from the federation account.
“Demands of justice require a progressive interpretation of the law. It is the position of this court that the federation can pay LGA allocations to the LGAs directly or pay them through the states.
“In this case, since paying them through states has not worked, justice of this case demands that LGA allocations from the federation account should henceforth be paid directly to the LGAs,” the apex court held.
The Supreme court further held that the power of the government is portioned into three arms of government, the federal, the state and the local government.
The court declared that a state government has no power to elect a caretaker committee and a local government council is only recognisable with a democratically elected government.
“A democratically elected local government is sacrosanct and non-negotiable,” the court said.
Justice Agim dismissed the objections filed by state governors.
The Attorney General of the Federation, Lateef Fagbemi (SAN), filed a lawsuit on behalf of the Federal Government, seeking to grant full autonomy and direct funding to all 774 local government councils in the country.
The 36 state governments, through their attorneys general, filed a counterclaim, arguing that the Supreme Court lacked the jurisdiction to hear the case.
In Thursday’s ruling, Justice Agim affirmed that the AGF has the legal authority to initiate the lawsuit and uphold the constitution.
Justice Agim said, “I hold that the plaintiff’s request is hereby approved and all the reliefs granted.”
metronetworknews with punch report
