The Supreme Court has dealt a severe setback on the principle of federalism as defined by section 162(3) of the 1999 Constitution (as amended). The section expressly provides thus:

"Any amount standing to the credit of the Federation Account shall be distributed among the Federal and State Governments and
the Local Government Councils in each State on such terms and in such manner as may be prescribed by the National Assembly". Sections 6 provide further clarity on the subject matter.

(6) Each State shall maintain a special account to be called "State Joint Local Government Account" into which shall be paid all
allocations to the Local Government Councils of the State from the Federation Account and from the Government of the State.

The court's ruling on the matter is an assault on true federalism. The federal government has no right to interfere with the administration of Local Governments in under any guise whatsoever. There are only two tiers of government in a federal system of government.

I’m opposed to fiddling with the allocations to the Joint LG Accounts at the state level but that in itself does not call for this death knell to the clear provisions of section 162 of the constitution. The implications of the ruling are far reaching and the issues that readily come to mind are:

1. Constitutional Interpretation: The Supreme Court's ruling appears to contradict the explicit provisions of Section 162 of the 1999 Constitution. This raises questions about judicial interpretation and whether the court has overstepped its bounds in reinterpreting clear constitutional language.

2. Balance of Power: The ruling potentially shifts the balance of power between the federal government and states. By allowing federal intervention in local government finances, it arguably centralizes more power at the federal level, contrary to the principles of federalism.

3. State Autonomy: This decision could be seen as an erosion of state autonomy. States are meant to have significant control over their internal affairs, including the administration of local governments, in a federal system.

4. Financial Independence: The ruling may impact the financial independence of states and local governments. If the federal government can directly intervene in local government finances, it could potentially use this as a tool for political leverage.

5. Precedent Setting: This decision could set a precedent for further federal interventions in areas traditionally reserved for state governance, potentially leading to a more centralized system of government over time.

That Local Governments must be “democratically elected “ goes without saying. Yes, I agree, that’s the position of the constitution but withholding their allocation is not the way to go. It’s wrong.

In the coming days, we will begin to fully understand the implications of the Supreme Court decision. An assault on the constitution is not the answer to fiddling with the Joint LG Acount. If the ruling is saying Governors cannot temper, touch, fiddle with the Joint Accounts, that’s fine because they shouldn’t be doing that in the first place. But asking the Federal Government to pay Local Governments allocations to the account of the Local Government directly is utter madness.

Like the Hon. Justice Oputa JSC of blessed memory once said in describing the Supreme Court " we are not final because we are infallible, but we are infallible only because we are final".

It is my sincere hope that the judgement delivered today will be reviewed at the earliest time possible because it clearly stands the concept of federalism on its head.

James Onanefe Ibori

Nasir El-Rufai replies

From God we came and to Him we shall all return.

Toh

I said the same thing just now on Facebook

Nonsense !
The most important thing in the law is the spirit of the law and not the letters of the law. That's why the Supreme court explicitly stated that the state governors has abused the privilege accorded to them.
The supreme court ruling has effectively established an autonomous third tiers of government and this is very important for the development of the country and Nigerian democracy.
The fear of political meddling in local government affair by the Federal government is secondary and should not becloud our resolve to give more opportunities for development to local level.
Imagine some towns and local government being at the mercy of their Governor. Some Governors will seize the allocation of local government and use it to develop another place. The Supreme court ruling is valid

He raised very valid points here. I do not understand what the judgement had to say about Section 162 (3). Has the Supreme Court set aside that Section or repealed it?

Rubbish

Justice ibori has spoken,awon oloriburuku dede

Supreme Court has spoken...



Justice Ibori should wait to graduate from law school.

Tinubu wan reduce financial powers of governors

I don't listen to thieves.

This vagabond was jailed alongside his wife, his sister in-law, his mistress who was married to another man as at that time, and his lawyer who helped him to hide stolen money. That's an unbeatable Guinness Record

weyreypey:
Supreme Court has spoken...

Justice Ibori should wait to graduate from law school.

In the year 9099

A shameless convicted criminal of James Ibori kind ought to have been shot let alone him contributing to public discuss of national importance. He should take the hellish cell in a prison.

E dey pay ibori say..eno go see enough money chop again from the state account

Three tiers of government. Gbajue

bennybuhari:
He raised very valid points here. I do not understand what the judgement had to say about Section 162 (3). Has the Supreme Court set aside that Section or repealed it?

Yes, cos there was no amendment to bring about that section

The Supreme Court is a compromised court, everybody knows this. Forget this charade!

This is not the restructuring that would move Nigeria forward but state autonomy with resource control

EmeeNaka:
Nonsense !
The most important thing in the law is the spirit of the law and not the letters of the law. That's why the Supreme court explicitly stated that the state governors has abused the privilege accorded to them.
The supreme court ruling has effectively established an autonomous third tiers of government and this is very important for the development of the country and Nigerian democracy.
The fear of political meddling in local government affair by the Federal government is secondary and should not becloud our resolve to give more opportunities for development to local level.
Imagine some towns and local government being at the mercy of their Governor. Some Governors will seize the allocation of local government and use it to develop another place. The Supreme court ruling is valid

Ibori should go and sit down. Every sane, honest and law abiding Nigerian is happy with the judgement. Financial autonomy for LGAs is a recipe for true grassroots development and security.

EmeeNaka:
Nonsense !
The most important thing in the law is the spirit of the law and not the letters of the law. That's why the Supreme court explicitly stated that the state governors has abused the privilege accorded to them.
The supreme court ruling has effectively established an autonomous third tiers of government and this is very important for the development of the country and Nigerian democracy.
The fear of political meddling in local government affair by the Federal government is secondary and should not becloud our resolve to give more opportunities for development to local level.
Imagine some towns and local government being at the mercy of their Governor. Some Governors will seize the allocation of local government and use it to develop another place. The Supreme court ruling is valid

You got it bro.

That judgement makes sense. At least local governments can have their resources and use to develop their areas accordingly.

I think Ibori interpreted according to his understanding of the wordings in English. The struggle for local government full autonomy has been going for ages, with governors refusing to let local governments grow and the citizens enjoy proper developments at the grassroots.

For me, Ibori’s opinion is immaterial going forward.
Local government elections are opportunities for governors to instal their stooges. There is no firm of democracy as the councils are not democratically composed. You have council members only belonging to the ruling party in the state. Elections are completely one sided with state electoral commissions conducting what I always term “wayo elections”.

I think NASS should proceed to get INEC to conduct elections at state levels. That way, we can get those we term as our best choices at the local government levels first.

My Ex convict former governor. Maybe with this my local government may witness developments.

This judgment is restructuring if you ask me. Taking Government down to the grassroots is the way to go.

Kudos to the Supreme Court for this landmark judgement. Only rogue governors and former governors will be against the judgement. Local Government should not to tied to the apron spring of the governors. We've seen how rogue governors like Peter Obi ruled for 8 years without conducting local government election. They collect every single kobo belonging to the LGAs and then set up a useless transition committee that are un-elected and then give them peanut to operate. Any one that is against this judgement is an enemy of Nigeria.

Kudos to the AGF and Mr. President for this.

An ex-convict has spoken.

Tinubu has done well on this. Let the people feel the impact of the local governments in their states.

EmeeNaka:
Nonsense !
The most important thing in the law is the spirit of the law and not the letters of the law. That's why the Supreme court explicitly stated that the state governors has abused the privilege accorded to them.
The supreme court ruling has effectively established an autonomous third tiers of government and this is very important for the development of the country and Nigerian democracy.
The fear of political meddling in local government affair by the Federal government is secondary and should not becloud our resolve to give more opportunities for development to local level.
Imagine some towns and local government being at the mercy of their Governor. Some Governors will seize the allocation of local government and use it to develop another place. The Supreme court ruling is valid

Gbamsolutely.

At least people are beginning to speak up against the aberration

Nice2023:
As a former criminally minded governor.

This is not a good news for political god fathers in Nigeria.

Yankee101:
The thieves and beneficiaries will start complaining now

Beremx:
An ex-convict has spoken.

Tinubu has done well on this. Let the people feel the impact of the local governments in their states.

RichBoy247:
I don't listen to thieves.

This vagabond was jailed alongside his wife, his sister in-law, his mistress who was married to another man as at that time, and his lawyer who helped him to hide stolen money. That's an unbeatable Guinness Record

Obagreatdatoye:
E dey pay ibori say..eno go see enough money chop again from the state account

Racoon:
A shameless convicted criminal of James Ibori kind ought to have been shot let alone him contributing to public discuss of national importance. He should take the hellish cell in a prison.

When will you all learn to separate issues from personalities? We can deride Ibori for who he is but you can't fault this. He is even closer to Tinubu than all of you but he realises this fully negates the ideas and principles they harrassed OBJ for. What is more stomach-turning is using the SC to carry out such assault on the Constitution. Haba!!

The thieves and beneficiaries will start complaining now

As a former criminally minded governor.

This is not a good news for political god fathers in Nigeria.

Eteka1:
Ibori should go and sit down. Every sane, honest and law abiding Nigerian is happy with the judgement. Financial autonomy for LGAs is a recipe for true grassroots development and security.

This is actually the part that gets me laughing. Folks like you make it sound like LG chairmen have been itching to develop their areas and it is the govs that has been inhibiting them. What grand delusions!

Most of the LG chairs are former and active political thugs of their godfathers. The few who are not are simply appendages and bootlickers.
Secondly, how many LG chair are actually resident in their LGs as we speak?

Lastly, Tinubu is an hypocrite. When he was gov, he wouldn't let anyone touch his LG funds. He sanctimoniously preached true federalism and devolution of powers. He comes in and he starts taking steps to decimate and whittle down govs and states simply because he wants to control everything even to the smallest. This singular act has repudiated all the talk of federalism from him over the years. Shame on Ariwoola who allowed his court to be used to carry out a coup on the constitution.

May God punish this man for all his past and present evils.

Ibori .

Why is the mic 🎤🎤 always in the hand of rascals in this country ?

BAT got this one right. Governors are leaches. Any Governor who is controlling LG account is a criminal. Saint Peter Obi never allowed LG to have full control of their accounts. So i am surprised of the messiah title by obedients

[left][/left]

Omómare Onanefe IBORI just dey vex because the funds wey him godson(governor of Delta state) go dey corner or embezzle don reduce.😀😁

Tell me what is wrong in granting full autonomy to the local government area in Nigeria?

Full autonomy will bring the dividends of government to the rural areas or interland.