President Bola Ahmed Tinubu on
Thursday welcomed the decision of the Supreme Court of Nigeria affirming the spirit, intent, and purpose of the Constitution of the Federal Republic of Nigeria on the statutory rights of local governments.
According to the president, “By virtue of this judgement, our people – especially the poor – will be able to hold their local leaders to account for their actions and inactions. What is sent to local government accounts will be known, and services must now be provided without excuses”.
President Tinubu, according to a statement signed by his Special Adviser on Media and Publicity, Ajuri Ngelale, noted that one of the fundamental challenges to the nation’s advancement over the years has been ineffective “local government administration”, as governance at that level “is nearly absent”.
Re-echoing his relief over the apex court’s verdict of yesterday, the president emphasised that the onus is now on local council leaders to ensure that the broad spectrum of Nigerians living at the local government level are satisfied that they are benefitting from people-oriented service delivery.
“My administration instituted this suit because of our unwavering belief that our people must have relief and today’s (yesterday’s) judgement will ensure that it will be only those local officials elected by the people that will control the resources of the people.
“This judgement stands as a resounding affirmation that we can use legitimate means of redress to restructure our country and restructure our economy to make Nigeria a better place to live in and a fairer society for all of our people,” he stated.
President Tinubu noted that the provision of some essential amenities and public goods, such as the construction and maintenance of certain roads, streets, street lighting, drains, parks, gardens, open spaces, and other residual responsibilities, including community security, “has tottered owing to the emasculation of local governments”.
The president therefore affirmed that the decision of the Supreme Court to uphold the constitutional rights and ideals of local governments as regards financial autonomy, and other salient principles, is of historic significance and further reinforces the effort to enhance Nigeria’s true federal fabric for the development of the entire nation.
He commended the Attorney-General of the Federation and Minister of Justice, Mr. Lateef Fagbemi (SAN) for his diligence and patriotic effort on this important assignment.
In a judgment delivered yesterday by Justice Emmanuel Agim, on behalf of the seven-member panel, the court directed the Accountant General of the Federation to pay local government allocations directly to their accounts. It declared non-remittance of funds by some states to local governments as unconstitutional.
The ruling also nullified the appointment of caretaker chairmen while mandating direct crediting of local government allocations from the federation account.
The seven-member panel barred governors from dissolving elected local government chairmen and replacing them with caretaker committees. Funds to non-elected committees will be withheld.
The 36 state governors, represented by their attorneys general, had challenged the federal government’s action based on Section 162 of the Nigerian Constitution, which provides for a joint account for local government allocations.
However, the court dismissed this objection, emphasising that the constitutional provision should not be abused by state governors.
Meanwhile, Nigerians across different spectrum also reacted positively to the apex court’s judgement yesterday.
In a dissenting opinion, Justice Habeeb Abiru noted that while financial autonomy for local governments is guaranteed by the Constitution, it is not the court’s role to intervene if a local government and state government agree on fund management.