More reactions trail Supreme Court ruling granting financial autonomy to local councils

• Tinubu Has Liberated LGs From Govs’ Suffocation, Says Ndume 
• Edeoga Tasks AGF, Anti-graft Agencies On Successful Implementation
• Omo-Agege, Alabi, Adedayo, CEPIA, Others Hail Ruling

Last Thursday’s judgment of the Supreme Court mandating the Federal Government to begin immediate and direct payment of local government funds to the latter’s exclusive accounts is still generating reactions from Nigerians.
 
The seven-man panel, in the judgment delivered by Justice Emmanuel Agim, declared that the 774 local government councils in the country should manage their funds themselves.
 
The Supreme Court held that the power of the government is portioned into three arms of government – the federal, the state and the local government.
 
The court further declared that a state government has no power to appoint a caretaker committee and a local government council is only recognisable with a democratically elected government.
  
Sequel to the ruling, the Chief Whip of the Senate, Mohammed Ali Ndume, on Friday, hailed the administration of President Bola Ahmed Tinubu, for what he called liberation of local councils from suffocating in the hands of governors.
 
In a statement, Ndume described the judgment as the biggest achievement of President Tinubu so far since he assumed office in May 2023.The Borno South lawmaker also called on President Tinubu to immediately commence the implementation of the court judgment without further delay, noting that the people at the grassroots must begin to feel the impact of good governance.  
 
The former Leader of the Senate said since state governors hijacked the local government administration in Nigeria by relying on a controversial section of the 1999 Constitution as amended, no meaningful development has happened at the grassroots. 
 
He said: “This court action instituted at the behest of President Bola Ahmed Tinubu is the biggest achievement of his administration. I’m very happy about the development, and I’m hoping that this will be the beginning of the liberation of local governments in Nigeria.  

 “I urge the President to immediately commence the implementation of the court judgment. Local government councils need to start getting their monthly allocations immediately without any further delays. The people at the grassroots levels will begin to feel the impacts of good governance now.  
 
“The National Assembly made several attempts to amend the 1999 Constitution and address this grey area. But governors didn’t allow the State Assemblies to give the constitutional concurrence. That was how the attempts failed.
 
“President Muhammadu Buhari also tried to intervene. Governors didn’t allow him. With this Supreme Court judgment, the issue has finally been rested. No more unnecessary deductions from funds earmarked for local governments. 
 
“The people can now hold the council chairmen accountable on how they spend their monthly allocations. They’ll begin to demand true accountability and judicious use of the funds they’ll be getting. I salute the courage of President Tinubu.”
 
Also, commending the judgment in a statement on Friday, the candidate of the Labour Party (LP) in the 2023 governorship election in Enugu State, Chijioke Edeoga, called for what he described as “consequential guidelines” to ensure full compliance with the orders of the court.
 
Edeoga, who was a local government chairman in Enugu State at the early stage of his political career, also asked the National Assembly to speed up work on the review of the 1999 Constitution so as to remove local government chairmen from their control by state governors.
 
Edeoga said the judgment aligns with the yearnings of Nigerians for grassroots development and also accords with the demands of the existing constitutional order.
 
Lamenting the violation of the Nigerian constitution by state governors, Edeoga, who accused the governors of making cash cows out of local government funds from the federation account, said the abuse of council funds has given rise to situations where the councils were forced to beg the governors for funds.
 
“The violation of the provisions of the Nigerian Constitution of the Federal Republic of Nigeria by governors of Nigerian states has been going on with flagrant impunity for many years and under different administrations since 1999. Local Government Areas, recognised in the Nigerian Constitution as the third tier of government and the one closest to the people, have been deprived of the funds needed for grassroots development, thus existing at the mercy of state governors,” he stated.
 
Recalling his promise during his campaign for the governorship of Enugu State, he described as unfortunate the situation where governors saw council funds as sources of free money.   He expressed the belief that empowered and financially autonomous local councils would minimise the tendency of some governors and state officials to favour some local governments while sidelining others.
 
While commending the present administration for its boldness in prosecuting the case successfully, the Enugu State LP leader said: “I am particularly relieved that the administration of President Bola Tinubu has taken this rare positive step towards restoring the glories of local administration in Nigeria. Those of us in the Enugu State chapter of the Labour Party see this as a step in the right democratic direction and must single out President Tinubu and the Attorney General of the Federation, Prince Lateef Fagbemi (SAN), for pursuing this judgment with a single-minded determination and patriotic purposefulness.”
 
He called on the Economic and Financial Crimes Commission (EFCC) and the Nigerian Financial Intelligence Unit (NFIU) to do all in their powers to ensure that the judgment is implemented to the letter.
   
“As it stands, the EFCC will not have any excuse not to be alive to its responsibilities regarding fighting corruption in local government areas. Before this landmark judgment, the immunity granted by the Constitution to state governors had occasioned delays and other forms of frustration that slowed the investigation and prosecution of cases of abuse of council funds in Nigeria. Local Government Chairmen in Nigeria are not covered by any constitutional immunity, and as a result, would be directly held responsible for the utilisation of the funds accruing to them from the federation account.
 
“To this end, the Economic and Financial Crimes Commission and the Nigerian Financial Intelligence Unit must, as a matter of urgency, set up Special Units whose brief shall be to monitor full compliance with this judgment and proactively thwart any possible attempts by some state governors to circumvent the judgment.
 
“Such desks should be equipped to investigate, arrest, and immediately diligently prosecute those found culpable. If the anti-crime agencies are ready, there are right-thinking Nigerians who will be willing to partner with the Federal Government and its agencies to deepen the oversight and policing of local council funds,” he said.
 
Also, the immediate past National President of Association of Local Government (ALGON), Kolade Alabi, and erstwhile Ogun East local council chairman, Wale Adedayo, on Friday, applauded the Supreme Court decision granting financial autonomy to the local councils, noting that the judgment would deepen democracy in Nigeria. 
 
Speaking with The Guardian in separate interviews, they commended President Tinubu for taking practical steps to deliver dividends of democracy to the grassroots, adding that the judgment would make local councils to be functional and allow Nigerians at the grassroots to have direct impact on governance.
 
Alabi, who is also the Chairman of Bariga Local Council Development Area (LCDA) in Lagos State, said: “All our members are now in a jubilation mood. We have always advocated for a bottom-top approach to governance. We have always said that the local council is the future of the world, indeed, the future of Nigeria and if development is vertical, it should not stop at the middle, it should trickle down to the grassroots.
 
“We have always advocated that we are the only body that understands the yearning of the people at the grassroots, the poorest of the poor, the vulnerable people; we are the closest. The Western world now doesn’t think of the local government; they are now talking about how to engage the community.”  He urged the governors to comply with the judgment for the development of their states.
   
“Tinubu knows how Nigeria should run effectively and that is why he is an advocate of local government autonomy. He did it in Lagos as the governor and he never tampered with local government money,” he added.
 
For Adedayo, who was sacked as local council chairman for asking Governor Dapo Abiodun questions on the finances of local governments in Ogun State, the Supreme Court judgment has vindicated his struggle against how some governors administered council finances.
 
He said: “I thank God for the judgment because when my challenges started last year, a lot of people were angry with me, especially those in the political class. Today is a great day by virtue of the Supreme Court judgment. The summary of the letter I wrote to former governor of Ogun State, Aremo Olusegun Osoba, was about finances of the local government. For God’s sake, money sent to local governments does not get to them; somebody will say he is administering this fund on their behalf. Why? We don’t know what they do with this money.”
 
Adedayo also lauded the judgment for declaring the running of local councils with caretaker committee “illegal”. He said most governors found it very comfortable to appoint caretaker officers instead of allowing democratically elected council chairmen to run the councils for obvious reasons.
 
The Speaker, Delta State House of Assembly, Emomotimi Dennis Guwor, and the immediate past Deputy Senate President, Ovie Omo-Agege have also applauded the Supreme Court.
 
Guwor in a telephone chat with The Guardian in Asaba, urged the Federal Government, state governors and all stakeholders to comply with the judgment.  
 
Guwor said the judgment is sacrosanct; the Supreme Court being the highest court in the land. He noted that, “the judgment shows that our democracy is advancing”, advising the 774 councils to make judicious use of the funds to develop the local councils.
 
For Delta State Attorney General and Commissioner for Justice, Mr. Ekemejero Ohwovoriole (SAN), the Supreme Court judgment is the final, but “it merely considered what is in the constitution.”
 
He said before now, the Delta State government had always transferred funds meant for the local councils to them just as it is in the constitution. “Find out; they have always gotten their funds intact and without issues,” he noted.
   
On his part, Omo-Agege said the judgment has given the much needed life to good democratic governance at the grassroots, describing it as a victory for all Nigerians. 
 
In a statement on Friday he personally signed, he noted that more should be done to make the landmark judgment more impactful. To guarantee the credibility of elections into local councils across Nigeria, Omo-Agege said the constitution needs to be reviewed to transfer the organisation of elections at the third tier to the Independent National Electoral Commission (INEC).
 
“The nation desperately needs unfettered financial autonomy for our councils to enhance their constitutional mandate to deliver good governance, provide qualitative basic amenities and build robust human capital development across the country,” he said.
 
The Centre for Policy Intervention in Africa (CEPIA) has also declared that the Supreme Court ruling on local council autonomy in Nigeria is capable of bringing significant and transformative changes to the governance structure of the country.
 
The Director General of the group, Dr. Yinusa Ganiyu, who disclosed this yesterday, in a congratulatory letter to the Attorney General of the Federation and Minister of Justice, Lateef Fagbemi, said the historic victory is a clear manifestation of the impartiality and integrity of the judiciary and its institutions. 
 
Ganiyu added that the victory underscores the vital role of an independent judicial system in upholding justice and protecting the rights of all citizens.
 
“Moreover, this triumph is a testament to the genuineness and reality of the Renewed Hope Agenda of President Bola Ahmed Tinubu, highlighting the administration’s commitment to meaningful reform and national progress.”

“The Centre for Policy Intervention in Africa (CEPIA) wishes to extend our heartfelt commendation to the Minister of justice, for your exceptional leadership and unwavering dedication in effectively and professionally coordinating the legal battle for Local Government Financial Autonomy. The landmark victory at the Supreme Court on July 11, 2024, stands as a testament to your legal prowess, strategic foresight, and steadfast commitment to the rule of law and democratic principles.
 
“The high legal acumen and sound professionalism you demonstrated throughout this challenging legal battle are exemplary. Your strategic and peaceful restructuring initiatives, conducted within the ambit of democratic ethos and the rule of law, have set a new benchmark for legal excellence and governance in Nigeria,” he said.
 
The Director General said the ruling will empower local governance, as state governors will no longer have the authority to dissolve democratically elected council officials, thereby ensuring robust and representative local governance.
 
He said: “It will ensure stability and continuity – the abolition of caretaker committees nationwide will foster stability and continuity in local administration, promoting a more effective and accountable governance framework.
  
“Direct federal allocations – federal allocations will now be sent directly to local Councils, bypassing state governments. This direct funding will enhance the financial autonomy of the councils, ensuring resources are utilised effectively for local development.
 
“Prevention of fund diversion – states will no longer have access to funds meant for local councils, ensuring that these resources are used for their intended purposes. The tangible benefits of democracy will become more apparent to the real voters, as local governance becomes more responsive and accountable to grassroots needs.
   
“It will ensure grassroots representation – the election of true representatives of the people will be more effectively controlled at the grassroots level, promoting greater participation and trust in the democratic process.”
 
Ganiyu said the outstanding efforts of Fagbemi has paved the way for a more transparent, accountable and democratic system of local governance in Nigeria, as the positive impacts of the victory will be felt by millions of Nigerians who depend on local councils for essential services and development.
 

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