The Supreme Court on Thursday ordered the 36 state governors to file their respective defenses to a suit instituted against their states by the federal government who is seeking a full implementation of autonomy for the 774 local government in the country.
Presiding Justice of a seven man panel of Supreme Court constituted to hear the suit , Justice Garba Lawal issued the order on Thursday while ruling in an application by Lateef Fagbemi, SAN, Attorney General of the federation for abridgment of time to hear the matter.
The apex court also ordered the attorney general of the federation to, upon receipt of the governors defense, who are represented by states attorney general, the federal government must file its reply within two days.
Justice lawal said the apex court decision abridging the time was predicated on the National urgency of the suit and the non objection from the attorneys general of the states of the federation.
The Supreme Court further ordered that filing of all processes and exchanging of same must be completed within the time and consequently fixed June 13 for hearing of the suit.
Justice lawal said that the 8 states who have no representation in attendance at Thursdays proceedings must be served with fresh hearing notice.
The 8 state are: Borno, Kano, Kogi, Niger, Ogun, Osun, Oyo and Sokoto, whose attorneys general were absent in court, despite being served with hearing notice.
In the suit marked SC/CV/343/2024, the Attorney general of federation, AGF, is praying the Apex Court for an order prohibiting State Governors from unilateral, arbitrary and unlawful dissolution of democratically elected local government leaders for local governments.
The federal government also prays the Supreme 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 order of the Apex Court stopping governors from constituting Caretaker Committees to run the affairs of local governments as against the Constitutionally recognized and guaranteed democratically system.
Besides, the federal government 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 benefits of local governments when no democratically elected local government system is put in place in the states.
The Governors were sued through their respective State Attorneys General.
The suit is predicted on 27 grounds among which are that the Nigeria Federation is a creation of the 1999 Constitution with President as Head of the Federal Executive arm of the Federation and has sworn to uphold and give effects to the provisions of the Constitution.
That the governors represent the component states of the Federation with Executive Governors who have also sworn to uphold the Constitution and to at all times,give effects to the Constitution and that the Constitution, being the supreme law, has binding force all over the Federation of Nigeria.
That the Constitution of Nigeria recognizes federal, states and local governments as three tiers of government and that the three recognized tiers of government draw funds for their operation and functioning from the Federation Account created by the Constitution.
That by the provisions of the Constitution, there must be a democratically elected local government system and that the Constitution has not made provisions for any other systems of governance at the local government level other than democratically elected local government system.
That in the face of the clear provisions of the Constitution, the governors have failed and refused to put in place a democratically elected local government system even where no state of emergency has been declared to warrant the suspension of democratic institutions in the state.
That the failure of the governors to put democratically elected local government system in place, is a deliberate subversion of the 1999 Constitution which they and the President have sworn to uphold.
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, has not yielded any result and that to continue to disburse funds from the Federation Account to governors for non existing democratically elected local government is to undermine the sanctity of the 1999 Constitution.
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.
Based on these , therefore the federal government 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 democratically system at the third tier of government in Nigeria and to also invoke the same sections to hold that the governors cannot lawfully dissolve democratically elected local government councils.
The AGF also prayed for invocation of sections 1, 4, 5, 7 and 14 of the Constitution to declare that dissolution of democratically elected local government Councils by the Governors or anyone using the State powers derivable from laws enacted by the State Houses of Assembly or any Executive Order is unlawful, unconstitutional, null and void.