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Local Council Autonomy: Supreme Court Reserves Judgment In Tinubu Govt’s Lawsuit Against 36 Governors

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June 13, 2024

A seven-man panel of the apex court led by Justice Garba Lawal made this known on Friday morning after hearing the case in which all the 36 state governors were made the defendants by the Federal Government.

 

 

The Supreme Court has reserved its judgement in a lawsuit brought by the Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi (SAN) to call for local governments’ autonomy in the country.

A seven-man panel of the apex court led by Justice Garba Lawal made this known on Friday morning after hearing the case in which all the 36 state governors were made the defendants by the Federal Government.

The judgement will be delivered on the next adjourned date to be determined and communicated by the apex court.

 

SaharaReporters had earlier reported how the Nigerian Government filed a suit at the Supreme Court against the 36 state governors in the country.

The suit filed by Fagbemi seeks full autonomy for the local government areas in the country.

The government is asking the apex court to ban state governors from arbitrarily dissolving democratically elected local governments.

The Nigerian Government is also asking the apex court to stop the governors from maintaining joint accounts with local governments, describing it as unlawful and in violation of the provisions of the Constitution.

 

The Federal Government also wants the Supreme Court to prohibit governors from forming Caretaker Committees to manage local governments in violation of the Constitution's recognised and protected democratic system.

It is also seeking an injunction prohibiting governors, their agents, and privies from receiving, spending, or tampering with funds released from the Federation Account for the benefit of local governments in states without a democratically elected local government system.

According to the suit, Nigeria as a federation, was created by the 1999 Constitution, as amended, with the President as Head of the Federal executive arm, swearing on oath to defend and give effect to sections of the Constitution.

The apex court had earlier given 36 defendants seven days to file their defence and also given the AGF two days to file his reply upon receipt of the governors’ defence.

 

“That within 2 days of service, the plaintiff will reply after being served the reply of the defendant Counter affidavit,” the court stated in May.

The court held that the decision was predicated on the urgency of the suit and the non-objection from the Attorneys-General of the states.

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Legal Politics