AGF warns State Governors, Council Officials against tampering with LG funds; threatens court action to ensure the independence of states electoral commissions
Nigeria’s Attorney-General of the Federation and Minister of Justice, Prince Lateef Fagbemi, SAN, has warned state governors against disregard to the Supreme Court judgement which granted autonomy to Local Government Area (LGA) Councils in the country.
Fagbemi, pointed out that such disregard especially by some governors who are now passing state laws in contrast to the apex court judgement could be courting impeachment.
The AGF, who spoke on Thursday at the 2024 Annual General Conference of the Abuja Chapter of the National Association of Judiciary Correspondents (NAJUC), also threatened to file charges against elected officials that are conniving with governors to divert allocations to the 774 LGAs, in the country.
While explaining FG’s reason for going to court, Fagbemi condemned a situation where secretariat staff would have to notify governors in advance before they could spend their own money for basic things such as stationary.
“And we have listened to such funny arguments before and after the judgement, to the effect that, oh, they are not matured enough. I said, how better are you? Are you any better? Leave them.
“And we have been drumming this into the ears of the local government officials that look, the governors have immunity, but you don’t have.
The AGF and Minister of Justice, also vowed to deal with the erring council officials who violate the Supreme Court verdict on local government autonomy granted in a landmark judgment in July 2024
Fagbemi said governance at the grassroots has “suffered a lot” in the past but believes that with the enforcement of the verdict on local government autonomy, “life will come back to the local governments”.
“People at the grassroots have suffered long negligence and it is enough. The government of President Ahmed Bola Tinubu (GCFR) is here to right the wrongs of the past and put the country on a high pedestal among the comity of nations. That is why any attempt to sabotage the effort will be confronted headlong and given the desired treatment. The local government chairmen and councilors should not forget the governors have immunity and they (LG officials don’t have),” Fagbemi told the gathering.
“They have to choose between dealing with the funds of the local government as they like and risking going to jail. The choice is absolutely theirs. If they want to tamper with the funds and end up in jail, it is their choice, or if they want to write their names in letters of gold, activities like the construction or upgrading of roads, schools, hospitals, etc must return to the local governments. Life must come back to the local governments!”
“So, it is very easy for you to get yourself to Kuje or other prisons spread across Nigeria.
“The local government areas in Nigeria, unlike branches of incorporated bodies or entities, are constitutionally the third tier of government of the federation, having their political and financial independence duly guaranteed by the constitution.”
“Local government councils must wake up to their primary responsibilities by ensuring that farms are once again cultivated, primary education is accessible to every child in Nigeria, pregnant women and our infants can receive quality healthcare in the primary healthcare centres, our old and vulnerable persons in the society are taken care of through the establishment of sustainable welfare programs and infrastructures, among many other duties imposed on them by the Constitution”, he said.
Reacting to allegations that governors are through “kangaroo elections” putting their puppets in office, the AGF stated that the FG will continue to push for true independence and would not hesitate to go to court to ensure the independence of states electoral commissions.
“We are not resting on our oars. If we don’t have any meaningful response, we may also invite the Supreme Court to help us take a look at the Constitution and see whether they should be allowed to continue to conduct local government elections in the form that we want.
“I am aware that some states have embarked on legislations, promulgation of legislations, which appear to be antithetical to the tenets or tenor of the judgement of the Supreme Court.
“My simple comment is that the states concerned are advised not to tread within the precincts of contempt of court and that my colleagues at the sub-nationals should not also invite what I would call the attention of the legal practitioners disciplinary committee for misconduct.
While declaring the conference open themed: “The Role of Courts in the Enforcement of judgements”, the Chief Justice of Nigeria, CJN, Justice Kudirat Kekere- Ekun, noted that the judiciary and the media play unique and complementary roles in the development of the society.
Prof. Mike Ozekhome, SAN in his keynote address said there was need for the judiciary to continue to live up to expectation by ensuring that justice is not sacrificed on the alter of technicalities.
The human rights activist maintained that courts must hold the balance of scale between feuding parties, even as he cautioned judges against denying lawyers the opportunity to effectively present their case in court.
Ozekhome however admonished judges to stop inviting political exposed persons to events organized in their honour, saying that such action creates room for a compromise.