Judgment on LG Autonomy in the case Between FG Versus State Governors: Was the Supreme Court right?

By Aluu Vincent

While the Supreme Court's judgment on local government autonomy is a significant step towards decentralization and democratic governance, some argue that the court may have overreached in its decision. In my book Contemporary Issues in Nigeria’s Federalism and Intergovernmental relations, I had alluded to the fact that the local government system is being strangled due to the overwhelming influence of the state governments. I had recommended for a constitutional amendment of sections 7 and 8 as well as expungement of the state local government joint account. This in my view will checkmate the excesses of state governments who have local government fund as slush funds However justified the supreme court ruling is, it is my considered opinion that the final court erred in law. Here are some potential areas where the Supreme Court may have gotten it wrong:

1. Overstepping constitutional boundaries. By directing the federal government to pay allocations directly to local governments, the court may have encroached on the powers of the executive and legislative branches.

Constitutional provision: Section 81(1) vests the power to allocate funds in the National Assembly.

*Ignoring the role of state governments*: The judgment may have overlooked the constitutional role of state governments in ensuring the effective administration of local governments.

Constitutional provision: Section 7(6) empowers state governments to supervise local governments.

*Failing to consider practical implications*: The court's decision may not have fully considered the practical challenges in implementing direct funding to local governments.

Supreme Court pronouncements:

- In *Attorney-General of the Federation v. National Assembly* (2019), the court held that the National Assembly cannot unilaterally amend the Constitution.
- In *Governor of Lagos State v. Attorney-General of the Federation* (2013), the court affirmed the powers of state governments to manage local governments.

Let me quickly point out that
the Supreme Court of Nigeria has the power of judicial review, which enables it to interpret the Constitution and determine the constitutionality of laws and government actions. However, the Court cannot make laws or amend the Constitution. Its primary role is to ensure that the laws and actions of the other branches of government conform to the Constitution.

The Supreme Court's powers are established by Section 236 of the Constitution, which states that the Court has the power to:

- Interpret the Constitution
- Determine the constitutionality of laws and government actions
- Decide appeals from lower courts
- Exercise such other powers as may be conferred upon it by the Constitution or by any Act of the National Assembly.

The Court's role is to ensure that the rule of law is upheld and that the Constitution is respected and enforced. While the Court can declare laws or government actions unconstitutional, it cannot unilaterally amend the Constitution or make new laws. That power belongs to the National Assembly, which is responsible for making laws for the country.

Way forward:

1. *Constitutional amendment*: To address the concerns raised, a constitutional amendment could clarify the roles and powers of each tier of government.
2. *Legislative action*: The National Assembly could pass legislation to ensure the effective implementation of local government autonomy while considering the concerns of state governments. The legislation will of course need the endorsement of the state assemblies and assent of the president.
3. *Dialogue and collaboration*: The federal, state, and local governments should engage in dialogue to ensure a harmonious and effective implementation of local government autonomy.

Despite the judicial pronouncement by the Supreme Court, it remains to be seen how the judgment will be implemented. Did the judgment take into cognizance relevant provisions of section 7 and 8 of the Constitution as amended? Did it consider the structure put in place by states such as Ministry of local government, Local Government Service Commission, State primary education boards? Was this judgement a political one, solution to the problem or a call for crisis? By addressing these concerns and finding a balance between decentralization and constitutional governance, Nigeria can strengthen its democratic framework and ensure effective service delivery at the grassroots level. The National Assembly has an urgent duty to act now and swiftly too .