The Supreme Court of Nigeria has reserved its judgment on a significant case regarding the autonomy of Local Government Areas (LGAs) in the country. The Federal Government, represented by the Attorney-General of the Federation and Minister of Justice, Prince Lateef Fagbemi, SAN, initiated the suit seeking full autonomy for the 774 LGAs across Nigeria.
The case, marked SC/CV/343/2024, revolves around several key issues:
1. **Autonomy of LGAs**: The FG has asked the Supreme Court to grant full autonomy to LGAs as the third tier of government in Nigeria. This includes prohibiting state governors from unilaterally dissolving democratically elected local government officials and ensuring that funds allocated to LGAs from the Federation Account are directly channeled to them, bypassing state governments’ control.
2. **Legal Challenges**: Governors of the 36 states, through their respective Attorney-Generals, filed preliminary objections to the suit. They argued that the AGF lacked the legal right (locus standi) to bring the case, alleging breach of their right to fair hearing due to procedural errors in the case filing. Some states also asserted that they already have functioning democratically elected local government structures, and thus, the federal suit constitutes an abuse of the judicial process.
3. **Court Proceedings**: After hearing arguments from all parties, the seven-man panel of the Supreme Court, led by Justice Garba Lawal, reserved judgment on the matter. This means that the court will deliberate further and announce a date for delivering its final decision.
4. **Additional Applications**: The Supreme Court rejected applications from Speakers of Houses of Assembly from certain states who sought to be joined as interested parties in the case. This decision indicates that the court will proceed with the current parties involved in the litigation without additional parties being added.
The outcome of this case will potentially have far-reaching implications for the governance structure in Nigeria, particularly regarding the powers and autonomy of LGAs vis-à-vis state governments.