The Supreme Court of Nigeria on Thursday firmly denied the State Houses of Assembly’s request to join the lawsuit filed by the Federal Government against the 36 state governors, seeking full autonomy for the country’s 774 local governments.
The apex court, led by Justice Garba Lawal, concluded that the State Houses of Assembly had no legal standing or jurisdiction to be involved in the case.
The President of the Nigerian Bar Association (NBA), Yakubu Maikyau, SAN, representing the Speaker of Kebbi State House of Assembly, had applied for the assembly to be joined as a defendant.
However, Justice Garba Lawal interrupted Maikyau’s presentation, questioning the legal basis for the assembly’s involvement in a matter between the Federal Government and state governors.
Despite Maikyau’s attempts to provide legal justifications, he ultimately withdrew from the proceedings after the court indicated that the authority he cited did not support his request.
The Supreme Court then directed that the processes of both the Federal Government and the state governors be adopted.
The Attorney General of the Federation and Minister of Justice, Prince Lateef Fagbemi, SAN, initiated the suit on behalf of the Federal Government.
The case, marked SC/CV/343/2024, seeks an order to grant local governments full autonomy, prevent state governors from unlawfully dissolving local councils, and ensure that funds from the Federation Account are directly channeled to local governments in accordance with constitutional provisions.
The Federal Government’s suit also aims to stop governors from forming interim committees to manage local government affairs and from handling funds meant for local governments when no democratically elected local councils are in place.
The suit states that the Nigerian Federation, as established by the 1999 Constitution, mandates the President to uphold and implement its provisions.v
