The Supreme Court on Thursday fixed June 13 to hear a suit filed by the Federal Government against the 36 state governors over alleged misconduct in the handling of local government affairs.
Justice Garba Lawal fixed the date while ruling in an application for abridgment of time argued by Lateef Fgebemi, SAN, to allow time for all parties to file their processes and exchange same.
He ordered the 36 state governors of the federation to file their respective defences to a suit instituted against them by the federal government seeking full autonomy for the 774 local governments in the country.
Lawal, who led a seven-man panel of the apex court, said that the decision of the court was predicated on the national urgency of the suit and the nonobjection from the attorneys general of the states of the federation.
The apex court also ordered the attorney general of the federation to file his reply within two days.
He ordered that the eight states that were not in attendance at Thursday’s proceedings be served with fresh hearing notice.
The eight states are Borno, Kano, Kogi, Niger, Ogun, Osun, Oyo, and Sokoto, whose attorneys general were absent in court despite being served with hearing notice.
The Federal Government had dragged the 36 state governors to the Supreme Court over alleged misconduct in the handling of local government affairs.
Mr Lateef Fagbemi, the Attorney General of the Federation, instituted the action against the governors to seek full autonomy for local governments as the third tier of government.
According to Fagbemi, the suit is a deliberate attempt at removing local governments from gross abuse by the state governors.
The governors were sued through their respective state attorneys general.
The suit is predicated on 27 grounds, among which are that the Nigerian Federation is a creation of the 1999 Constitution with the President as head of the federal executive arm of the Federation, who has sworn to uphold and give effect to the provisions of the Constitution.
The originating summons, personally signed by Fagbemi, has been fixed for hearing on May 30.
He is praying the court for an order permitting the funds standing in the credits of local governments to be directly channelled to them from the federation account in line with the provisions of the constitution as against the alleged unlawful joint accounts created by governors.
He also sought an order stopping governors from constituting caretaker committees to run the affairs of local governments, as against the constitutionally recognised and guaranteed democratically elected system.
He applied for an order of injunction restraining the governors, their agents, and privies from receiving, spending, or tampering with funds released from the federation account for the benefit of local governments when no democratically elected local government system is put in place.
Fagbemi asked the apex court to invoke sections 1, 4, 5, 7, and 14 of the constitution to declare that the state governors and State Houses of Assembly are under obligation to ensure a democratic system at the third tier of government.
The suit also wants the apex court to invoke the same sections to hold that the governors cannot lawfully dissolve democratically elected local government councils.
In a 13-paragraph affidavit in support of the originating summons deposed to by Kelechi Ohaeri from the AGF’s office, Fagbemi averred that filed the suit under the original jurisdiction of the Supreme Court on behalf of the federal government.
The failure of the governors to put a democratically elected local government system in place is a deliberate subversion of the 1999 Constitution, which they and the President have sworn to uphold.
Fagbemi also said that all efforts to make the governors comply with the dictates of the 1999 Constitution in terms of putting in place a democratically elected local government system have not yielded any result.
The AGF said that the federal government continued to disburse funds from the Federation Account to the governors for non-existing democratically elected local governments to undermine the sanctity of the 1999 Constitution.
He averred that in the face of the violations of the 1999 Constitution, the federal government is not obligated, under Section 162 of the Constitution, to pay any state funds standing to the credit of local governments where no democratically elected local government is in place. (NAN)
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