From Godwin Tsa Abuja
The judgment of the Supreme Court granting financial autonomy to Local Government Areas has continued to elicit mixed reactions from lawyers.
A Senior Advocate of Nigeria (SAN) and former Attorney General of Imo State, Chukwuma-Machukwu Ume described the judgment as a new dawn for the nation’s democratic governance.
Speaking with Saturday Sun, Ume expressed confidence that the judgment will definitely bring governance nearer to the grassroots.
“Certainly my reaction is heart-warming because this is long overdue. This is a new dawn for democracy in Nigeria. Real democracy is about to start now because democracy starts from the grassroots. The leaders will now be accountable to the people that elected them.
“The functions that the constitution creates for the local government areas, the councils will now be able to carry them out because the finance allocated to them will now move straight to them. You can elect or institute a tier of government and then deny them finance, because how would they now function?
“What I think the judgment has done is restoring what the constitution created. If you look at the journey of the constitution, section 2 of the 1999 constitution created the Federal Republic of Nigeria. Once you are practicing federalism, there is always three tiers of government: the Federal, States and LGA.
“For all this while, the LGA have been muscled because of the creation of section 162 that talked about joint account between the states and LGA. When this monies move into the joint account, the states almost muscle it and now begins to give stipends to LG Chairmen, just to pay salaries and you are thinking that they will be able to do the administration that LG are supposed to do? This is wrong.
“The constitution went further in section 3 to create a legislative arm of government and in section 4 to create the executive arm while section 7 created LGAs. And there is something that came very peculiar in that section 7, and it said LG that is democratically elected.
Once somebody is elected to an office, the people voted them and they would be accountable to them. The import of the judgment is that there would be vibrancy of governance because every LG chairman will now be held accountable for the money that is directly allocated to the LG. The people will be able to know how the money is spent and on what project.
If you look at the history of Nigeria, for a long time, you don’t see any LG chairman that is being taken to the Economic and Financial Crimes Commission (EFCC) because none of them were in control of the funds that were allocated to them, as the funds don’t get to them. And because funds don’t get to them, the functions that are expected from the LG are never carried out.”
But a Professor of Practice in International Human Rights Law at the Fletcher School at Tufts University, Prof. Chidi Anselm Odinkalu, maintained that the issue of local government accounts are more complex than people think it is.
He posited that the judgment would only alter the means through which the governors get the funds, as they install local government chairmen in rigged elections.
“A local government chairman who has been installed in a rigged election controlled entirely by the governor will give the fund back to the governor. What this person is going to do is to collect the money and hand it back to the governor. So, all they are doing is altering the sequence by which the money will go back to the governor. But the money still goes back to the governor.
“And the reason the money will go back to the governor is because the mandate as a matter of jurisprudence set up by the Supreme Court is not with the people. The mandate is in the politicians’ hands. Until we address this, we are wasting time and efforts.
“If they said that they will not give money to caretaker chairmen, the president (Bola Tinubu) went through the same thing with Obasanjo. Obasanjo held up their money when he (Tinubu) was the governor of Lagos State. If that is the consequence they want to live with, they want to afflict others with, we live by the swing of the pendulum. It may take one decade or 20 years, but it will turn around.”
Also Prof. R.A.C.E Achara questions what happens to the explicit provisions of the constitution on the joint account.
“Sentiment as judgment? What happens to the explicit provisions of the constitution on the joint account? Constitutionalism is an attitude of mind. Fidelity to the rule of law demands respect to the constitution and thus the law, until such a time as they are amended by the strict regimen of law!
Unless one of these recent alterations to the constitution has removed the constitutional prescription for payment of all federation monies due to LGAs through the State-LG joint account, this Supreme Court decision would be an unfortunate dent on our journey towards a proper attitude of constitutionalism in Nigeria.”
Joe Agi (SAN) believes that the Supreme Court is a policy court that ought to intervene to strengthen the Nigerian democracy
He congratulated AGF Fagbemi for demonstrating the courage to take up the matter at the Supreme Court.
According to him, the Supreme Court decided on the yearnings of the Nigerians at the grassroots level by making the recent pronouncement.
“First, it has been the yearning of the entire nation, the people, that they should allow local government to breathe. And so, for them to take that matter, I salute the courage.
“And for the Supreme Court to put their stamp on it, it’s a laudable decision. And if you ask me again, it will deepen our democracy, ” Agi said.
He explained that the judgement would help chairmen of local governments to start up their own programs for the LGs, contrary to what was obtained in the past where they served the interests of the governors.
He added that the decision will help bring development at the grassroots level as well as a fast anti-corruption drive against corrupt LG chairmen since the Constitution did not give them immunity.
“And much more; if the EFCC or security agencies are investigating a local government for fraud, they have no immunity. They will go after them right there and then and that will make them to be responsible and act within the ambit of the law and serve their people. Any local government who fools around will be in for it, ” he said.
Prof Fabian Ajogwu, a Senior Advocate of Nigeria (SAN), described the Supreme Court’s judgment on Local Government autonomy as a triumph for fiscal federalism.
“The decision is a significant affirmation of the position of the law under the Constitution of the Federal Republic of Nigeria 1999, as amended, and it represents a crucial step forward for fiscal federalism in our nation. The bold action of the Attorney General of the Federation, Lateef Fagbemi (SAN), in filing the suit on behalf of the Federal Government, seeking to grant full autonomy and direct funding to all 774 local government councils in the country, is commendable.
“The autonomy of Local Government Councils is a cornerstone of effective governance and grassroots development. By upholding this principle, the Supreme Court has reinforced the importance of decentralisation and the empowerment of local authorities to manage their affairs independently. This judgment will undoubtedly enhance the capacity of Local Government Councils to deliver essential services, promote regional economic development, and improve the quality of life for citizens at the grassroots level.
“This judgment is a victory for local government councils and a triumph for fiscal federalism principles. It underscores the need for a more equitable distribution of resources and responsibilities among the different tiers of government, thereby fostering a more balanced and inclusive development across the country.”