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LG Autonomy: Supreme Court decision, an assault on true federalism - James Ibori - Politics (9) - Nairaland

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Re: LG Autonomy: Supreme Court decision, an assault on true federalism - James Ibori by loswhite(m): 2:35am On Jul 12
Ojuntana:

You're uncouth and lacking in proper manners
Can you mention the part of our laws that says he can't have an opinion? You really think there's any gov who never misused LG funds? You really think so?
You're just a naive small boy
lol a naive small boy is better than someone that admits that governors misuse local Government funds and want it to continue because there is no Governor that has never misused local government funds. Way more foolish than I thought….lol

1 Like

Re: LG Autonomy: Supreme Court decision, an assault on true federalism - James Ibori by loswhite(m): 2:39am On Jul 12
DMerciful:
How did Yahaya Bello became a governor? Flawed judicial system that ratified a rogue that wasn't even in the ballot.

Fix your electoral system so that the process is credible and people with credibility can win elections and use the state resources judiciously!

You cannot be talking of fg govt controlling local gvt resources and still talk of federalism
Is that what you can deduce from the Supreme Court judgement? Where did you see that federal Government will be controlling local government fund? Have you ever asked yourself why we blame the president for everything but never the governors? I am sure you are among those always calling the presidency but have never attacked your state governors for their reckless use of state funds.
Re: LG Autonomy: Supreme Court decision, an assault on true federalism - James Ibori by DMerciful(m): 2:49am On Jul 12
Local governments are not federating units!

We get a good system and ruin it with our ineptitude!

Show me one country thats practicing this type of federalism?
loswhite:
Is that what you can deduce from the Supreme Court judgement? Where did you see that federal Government will be controlling local government fund? Have you ever asked yourself why we blame the president for everything but never the governors? I am sure you are among those always calling the presidency but have never attacked your state governors for their reckless use of state funds.

1 Like

Re: LG Autonomy: Supreme Court decision, an assault on true federalism - James Ibori by pedrilo: 3:05am On Jul 12
Once the elite complain, just know it's favoring the masses
This criminal should ve been executed
Re: LG Autonomy: Supreme Court decision, an assault on true federalism - James Ibori by walozanga(m): 3:41am On Jul 12
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.

You don't solve one problem to create another massive problem. Look at it from the other side
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
Re: LG Autonomy: Supreme Court decision, an assault on true federalism - James Ibori by dragunov: 4:33am On Jul 12
seunmsg:
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.

,😏 I thought you had made good your threat. Just when I had reconciled with the notion that you'd gone for good on this forum and had began to enjoy myself in peace without your funny contributions, you show up again. Wetin be dis one like dis? Go back to where you're coming from Kadoso Mutairu aka seunmsg.
Re: LG Autonomy: Supreme Court decision, an assault on true federalism - James Ibori by seunayantokun(m): 5:17am On Jul 12
When we are tired, we will all throw off the constitution of the devil.
Re: LG Autonomy: Supreme Court decision, an assault on true federalism - James Ibori by Deltatoto: 5:39am On Jul 12
loswhite:
Why do you that has to be the first thing? Even the one INEC conducted lol what was the result?
atleast some lp apga sdp members are in nass.with states conducting LG elections what u see is 100/100.
Re: LG Autonomy: Supreme Court decision, an assault on true federalism - James Ibori by loswhite(m): 6:08am On Jul 12
Deltatoto:
atleast some lp apga sdp members are in nass.with states conducting LG elections what u see is 100/100.
it doesn’t have to be first. It can come now after the Supreme Court judgement.
Re: LG Autonomy: Supreme Court decision, an assault on true federalism - James Ibori by maasoap(m): 6:25am On Jul 12
DMerciful:
Tinubu likes to show himself.
What GEJ left, Buhari left, he always jump on it. Same like subsidy removal.

The governors will set him up. Watch and see!

Giving money to local govt is to increase number of looters,

Most likely, we all knew this.

wont change the wellbeing of the common man
Yes, we know. But we don't need the govs to destroy local govt administration.
If executives at the federal and state levels are doing what they like with their allocations, local govt executives too should be allowed to have the same opportunity. Afterall, the fund legally belongs to the local governments. This will even help in stamping out this caretaker committees nonsense that all govs are practising
Re: LG Autonomy: Supreme Court decision, an assault on true federalism - James Ibori by DMerciful(m): 6:27am On Jul 12
There is no federal system of govt where you have three federating units. We always do things upside down.

We should be pushing for state autonomy, not lg autonomy!
maasoap:

Most likely, we all knew this.


Yes, we know. But we don't need the govs to destroy local govt administration.
If executives at the federal and state levels are doing what they like with their allocations, local govt executives too should be allowed to have the same opportunity. Afterall, the fund legally belongs to the local governments. This will even help in stamping out this caretaker committees nonsense that all govs are practising
Re: LG Autonomy: Supreme Court decision, an assault on true federalism - James Ibori by OVB123: 6:34am On Jul 12
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
God bless you on this summission.
Re: LG Autonomy: Supreme Court decision, an assault on true federalism - James Ibori by maasoap(m): 6:41am On Jul 12
DMerciful:
There is no federal system of govt where you have three federating units. We always do things upside down.

We should be pushing for state autonomy, not lg autonomy!

There are people at the grassroot level, their money should be allowed to reach them. Govs are not grassroot people.
Before, local government chairmen were constructing one or two roads at the local level. Now that govs are the ones spending local government money (aka stealing and diverting grin grin grin), development at the local level has become zero. Sometimes, chairmen do help Community Development Associations with counterpart funding from the local govt allocation for buying things like transformers and other projects. All these are gone for good!
Govs should concentrate on stealing states money as president, ministers and others are stealing federal money
Re: LG Autonomy: Supreme Court decision, an assault on true federalism - James Ibori by kennethovic7(m): 6:51am On Jul 12
You are right, cause at the end of the day if the LG elections are still controlled by the governors it wouldn't matter hence they have the chance to install their candidates and try to control them and the LG funds.
ElevationD:



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.

Re: LG Autonomy: Supreme Court decision, an assault on true federalism - James Ibori by Deltatoto: 7:25am On Jul 12
loswhite:
it doesn’t have to be first. It can come now after the Supreme Court judgement.
anyhow but that’s the only thg that will really mean autonomy.As long as the governors are stl planting their boys der there’s nothing like autonomy
Re: LG Autonomy: Supreme Court decision, an assault on true federalism - James Ibori by ReubenE(m): 8:26am On Jul 12
ElevationD:



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.

That's the issue with most of us. We don't learn to separate issues from personality.

Ibori is a convicted thief, YES. The judgment makes sense like you said, YES. But the constitution is clear with "states and LG joint account".

You don't use a "wrong" to establish a "right". We all understand what the SC is trying to do here but it went beyond constitutional provisions, that's what Ibori we all dislike is saying and he is right. Until that particular section of the constitution is amended, the Supreme Court cannot add to it in interpretation.

This is almost similar with what the former lawmakers in Rivers State House of Assembly did. They extended the tenure of the last LG chairmen to allow for a window to conduct LG election since caretaker and all is unknown to law. On face, it is good but it is against the provision(s) of the constitution.
What is good does not automatically override the law. What is good must be supported by extant laws and until that provision is amended, Ibori is right for saying the Supreme Court overstepped.

Another thing is, the judgment just replaced one master with another master i.e State with FG over local government administration.
Judging from Nigeria government and politics over the years and our political culture, expect the FG to from henceforth interfere with local government administration in Nigeria now since they have a solid background now.
If the FG can use state apparatus to interfere in Chieftaincy affairs that by law has nothing to do with it, expect interference in LG administration by FG with reliance on SC judgment
Re: LG Autonomy: Supreme Court decision, an assault on true federalism - James Ibori by ReubenE(m): 8:30am On Jul 12
ElevationD:



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.

That's the issue with most of us. We don't learn to separate issues from personality.

Ibori is a convicted thief, YES. The judgment makes sense like you said, YES. But the constitution is clear with "states and LG joint account".

You don't use a "wrong" to establish a "right". We all understand what the SC is trying to do here but it went beyond constitutional provisions, that's what Ibori we all dislike is saying and he is right. Until that particular section of the constitution is amended, the Supreme Court cannot add to it in interpretation.

This is almost similar with what the former lawmakers in Rivers State House of Assembly did. They extended the tenure of the last LG chairmen to allow for a window to conduct LG election since caretaker and all is unknown to law. On face, it is good but it is against the provision(s) of the constitution.
What is good does not automatically override the law. What is good must be supported by extant laws and until that provision is amended, Ibori is right for saying the Supreme Court overstepped.

Another thing is, the judgment just replaced one master with another master i.e State with FG over local government administration.
Judging from Nigeria government and politics over the years and our political culture, expect the FG to from henceforth interfere with local government administration in Nigeria now since they have a solid background now.
If the FG can use state apparatus to interfere in Chieftaincy affairs that by law has nothing to do with it, expect interference in LG administration by FG with reliance on SC judgment.

Finally, LGs are not federating units. The intention is good but amend the law. Intention is not a proof or validity in law.
Re: LG Autonomy: Supreme Court decision, an assault on true federalism - James Ibori by ReubenE(m): 8:42am On Jul 12
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
Which legal doctrine are you quoting from that the spirit is more important than the letters of the law.
What is the spirit without the letters?

This is like you trying to separate the modern state from government.

The intention is good, Yes. But you never took time to look at the provision(s) the convicted Ibori we all dislike as a politician is quoting from. Until that part is amended, Ibori is right for saying the SC overstepped.

Establishing an autonomous third tier of government must follow from the constitution.
We must learn to separate issues from personality. Much of what I want to say, I have said them in response to another comment so I will not repeat them.

The National Assembly should amend the law. That is the only way people like Ibori will stop talking.
How do you make a pronouncement for FG to directly deal with LG when the constitution being used as the background provides for a "joint state and LG account"
Re: LG Autonomy: Supreme Court decision, an assault on true federalism - James Ibori by UnitedKingdom: 8:59am On Jul 12
helinues:
Toh

Your fake 'LIKES' no dey work again? Upgrade your phone or you update your phone. 7 pages only 1 like you got.
Re: LG Autonomy: Supreme Court decision, an assault on true federalism - James Ibori by helinues: 8:59am On Jul 12
UnitedKingdom:


Your fake 'LIKES' no dey work again? Upgrade your phone or you update your phone.

Stop crying on my mentions you this boy
Re: LG Autonomy: Supreme Court decision, an assault on true federalism - James Ibori by UnitedKingdom: 9:00am On Jul 12
helinues:


Stop crying on my mentions you this boy

E pain you abi grin grin grin
Re: LG Autonomy: Supreme Court decision, an assault on true federalism - James Ibori by rolams(m): 9:02am On Jul 12
senatordave1:


Why

You should know better my bro. Ibori of all people.

The federal government fought a good battle here.
Re: LG Autonomy: Supreme Court decision, an assault on true federalism - James Ibori by UnitedKingdom: 9:06am On Jul 12
seunmsg:
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.

I guess is only your nightmare (Peter Obi) rule without conducting LG election. Continue hating in abject poverty while H.E Peter Obi keep soaring higher. You single Obi out because of your hates. And who told you he did not conduct LG election. Mumu
Re: LG Autonomy: Supreme Court decision, an assault on true federalism - James Ibori by senatordave1(m): 9:11am On Jul 12
rolams:


You should know better my bro. Ibori of all people.

The federal government fought a good battle here.

Very long drawn battle.with this,more developments at the grassroot
Re: LG Autonomy: Supreme Court decision, an assault on true federalism - James Ibori by Malroux: 9:16am On Jul 12
helinues:


Stop crying on my mentions you this boy
Wanna waste today too? Nigga till when?
Re: LG Autonomy: Supreme Court decision, an assault on true federalism - James Ibori by ElevationD: 9:44am On Jul 12
ReubenE:

That's the issue with most of us. We don't learn to separate issues from personality.

Ibori is a convicted thief, YES. The judgment makes sense like you said, YES. But the constitution is clear with "states and LG joint account".

You don't use a "wrong" to establish a "right". We all understand what the SC is trying to do here but it went beyond constitutional provisions, that's what Ibori we all dislike is saying and he is right. Until that particular section of the constitution is amended, the Supreme Court cannot add to it in interpretation.

This is almost similar with what the former lawmakers in Rivers State House of Assembly did. They extended the tenure of the last LG chairmen to allow for a window to conduct LG election since caretaker and all is unknown to law. On face, it is good but it is against the provision(s) of the constitution.
What is good does not automatically override the law. What is good must be supported by extant laws and until that provision is amended, Ibori is right for saying the Supreme Court overstepped.

Another thing is, the judgment just replaced one master with another master i.e State with FG over local government administration.
Judging from Nigeria government and politics over the years and our political culture, expect the FG to from henceforth interfere with local government administration in Nigeria now since they have a solid background now.
If the FG can use state apparatus to interfere in Chieftaincy affairs that by law has nothing to do with it, expect interference in LG administration by FG with reliance on SC judgment.

Finally, LGs are not federating units. The intention is good but amend the law. Intention is not a proof or validity in law.


Please read the below excerpts from the judgement and then let’s see how it it has affected true federalism, if there’s any, by Ibori.

“In the suit filed in May by the Attorney-General of the Federation (AGF) and Minister of Justice, Prince Lateef Fagbemi, SAN, the federal government had accused the state governments of running aground the third-tier of government.

According to the federal government, the states, by keeping funds duly allocated to the local governments, have starved them of needed funds for developing the grassroots and by extension responsible for the high rate of criminalities and insecurity in the country.

In the suit marked SC/CV/343/2024, the AGF prayed the apex court for an order prohibiting state governors from unilateral, arbitrary and unlawful dissolution of democratically elected local government executives.

Fagbemi in the originating summons, also prayed the apex court for an order permitting the funds standing in the credits of local governments to be directly channeled to them from the Federation Account in line with the provisions of the Constitution as against the alleged unlawful joint accounts created by governors.

In their individual responses, the 36 states through their attorneys-general urged the court to dismiss the suit, claiming that there was no dispute between them and the federal government that would warrant the intervention of the apex court.

They had also anchored their arguments on Section 162 of the constitution that provides for a joint account for the state and local government; wherein funds accrued to a state and its local governments from the Federation Account are paid into.

They therefore asked the court to dismiss the suit for lacking merit, adding that the plaintiff ought to have filed such suit at the federal high court and not the apex court.

Delivering ruling, a seven-member panel of the apex court led by Justice Mohammed Garba, disagreed with the states, and held that the case of the plaintiff has merit.

In the lead judgement delivered by Justice Emmanuel Agim, the apex court pointed out that Nigeria operates a three-tier system of government where no one tier is subject to the order.

Justice Agim observed that for the last two decades, the states have been retaining funds due to the local governments and disbursing same at their whims and caprices, contrary to the provisions of the Constitution.

The apex court berated the governors for running the LGs as if they were their stooges, adding that the local government was gradually going into extinction by the manner through which it was often dissolved and run by unelected officials.

The apex court further faulted the arbitrary and unilateral manner in which the governors disbursed and managed funds belonging to the third-tier of government.

Not also spared by the apex court were the various state houses of assemblies accused of supporting the governors by enacting laws that put LGs at the mercies of the governors.

It was the position of the Supreme Court, therefore, that the retaining of funds belonging to the LGs had brought unnecessary hardship on the people in the various local government areas.

Hence, the need to ensure constitutional provisions of running the LGs through democratically elected officials as well as ensuring that funds belonging to the LGs were not tampered with by the states.

Agim recalled that before 1999 funds belonging to the LGs were directly paid to them, adding that it was due to convenience that the issue of joint state and local government account came by.

According to him, the state was to collect on its behalf and transfer without tampering/managing/administering the funds which have become the order of the day.

He however concluded that although Section 162 of the Constitution directed the payment of their monthly allocations to a joint account, the aim of that law has been defeated owing to the retaining of the funds by the states and used as they liked.

He however concluded that although Section 162 of the Constitution directed the payment of their monthly allocations to a joint account, the aim of that law has been defeated owing to the retaining of the funds by the states and used as they liked.

According to Agim, by laying claim to Section 162 (4&5), the governors were using the Constitution to perpetrate unconstitutionality, adding the Constitution should not be applied in a manner that supported its destruction.

He faulted the narrow interpretation of Section 162(4) which stipulates that funds of the state and the LGs “shall” be paid into a joint state and local government account, stressing that the governors were using it negatively.

While stating that where the narrow interpretation of the section of the Constitution would result to injustice or work against the intended meaning of the said section of the Constitution, the Supreme Court shall employ an approach that would meet the purpose of the Constitution.

“There is no doubt that the word “shall” will mean that the federal government will pay into the joint state account,” Agim said.

“But, it has not worked,” he added.

Thus, to prevent the governors from further exploiting the said law, the apex court held that it was the responsibility of the apex court to make a law that would serve the interest of the people and the country in general.

Agim held that, “Since paying to the LGs through the state has not worked, the money should henceforth be paid to the LGs directly.”

On the issue of appointing caretaker committees to take over governance at the local government level, the apex court reiterated its previous judgements wherein it declared such as illegal, unlawful, null and void.

It held that state houses of assemblies lacked powers to make laws empowering governors to appoint caretaker committees, declaring further that any governor who dissolved any democratically elected local government greatly breached the Constitution and committed a gross misconduct.

He subsequently granted the reliefs sought by the federal government, which included an order of the apex court stopping governors from constituting caretaker committees to run the affairs of local governments as against the constitutionally recognised and guaranteed democratic system.

In addition, the apex court described as an act of gross misconduct the dissolution of democratically elected local governments and their replacement with caretaker committees.

The apex court also made 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”.
Re: LG Autonomy: Supreme Court decision, an assault on true federalism - James Ibori by Babinski: 9:50am On Jul 12
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?

He who comes to equity must come with clean hands. The same Governors that have shown repeated disdain for Constitutional provisions in respect of Local Government Councils now want to hide under provisions of the same Constitution?

Section 7 (1) of the Constitution and others related have been repeatedly violated by Governors but they now want us to hold Section 162 (3) sacrosanct? What happened to Section 162 (7)(cool that mandated distribution of funds due to the Local Councils, which most of the States refuse to comply with? You want money in a Joint Account as prescribed by the Constitution but you are not ready to comply with the mandates regarding the distribution as prescribed by the same Constitution and you want the Courts to listen to you? Sorry, the Constitution was not made for Governors.
Re: LG Autonomy: Supreme Court decision, an assault on true federalism - James Ibori by ReubenE(m): 10:04am On Jul 12
ElevationD:



Please read the below excerpts from the judgement and then let’s see how it it has affected true federalism, if there’s any, by Ibori.

“In the suit filed in May by the Attorney-General of the Federation (AGF) and Minister of Justice, Prince Lateef Fagbemi, SAN, the federal government had accused the state governments of running aground the third-tier of government.

According to the federal government, the states, by keeping funds duly allocated to the local governments, have starved them of needed funds for developing the grassroots and by extension responsible for the high rate of criminalities and insecurity in the country.

In the suit marked SC/CV/343/2024, the AGF prayed the apex court for an order prohibiting state governors from unilateral, arbitrary and unlawful dissolution of democratically elected local government executives.

Fagbemi in the originating summons, also prayed the apex court for an order permitting the funds standing in the credits of local governments to be directly channeled to them from the Federation Account in line with the provisions of the Constitution as against the alleged unlawful joint accounts created by governors.

In their individual responses, the 36 states through their attorneys-general urged the court to dismiss the suit, claiming that there was no dispute between them and the federal government that would warrant the intervention of the apex court.

They had also anchored their arguments on Section 162 of the constitution that provides for a joint account for the state and local government; wherein funds accrued to a state and its local governments from the Federation Account are paid into.

They therefore asked the court to dismiss the suit for lacking merit, adding that the plaintiff ought to have filed such suit at the federal high court and not the apex court.

Delivering ruling, a seven-member panel of the apex court led by Justice Mohammed Garba, disagreed with the states, and held that the case of the plaintiff has merit.

In the lead judgement delivered by Justice Emmanuel Agim, the apex court pointed out that Nigeria operates a three-tier system of government where no one tier is subject to the order.

Justice Agim observed that for the last two decades, the states have been retaining funds due to the local governments and disbursing same at their whims and caprices, contrary to the provisions of the Constitution.

The apex court berated the governors for running the LGs as if they were their stooges, adding that the local government was gradually going into extinction by the manner through which it was often dissolved and run by unelected officials.

The apex court further faulted the arbitrary and unilateral manner in which the governors disbursed and managed funds belonging to the third-tier of government.

Not also spared by the apex court were the various state houses of assemblies accused of supporting the governors by enacting laws that put LGs at the mercies of the governors.

It was the position of the Supreme Court, therefore, that the retaining of funds belonging to the LGs had brought unnecessary hardship on the people in the various local government areas.

Hence, the need to ensure constitutional provisions of running the LGs through democratically elected officials as well as ensuring that funds belonging to the LGs were not tampered with by the states.

Agim recalled that before 1999 funds belonging to the LGs were directly paid to them, adding that it was due to convenience that the issue of joint state and local government account came by.

According to him, the state was to collect on its behalf and transfer without tampering/managing/administering the funds which have become the order of the day.

He however concluded that although Section 162 of the Constitution directed the payment of their monthly allocations to a joint account, the aim of that law has been defeated owing to the retaining of the funds by the states and used as they liked.

He however concluded that although Section 162 of the Constitution directed the payment of their monthly allocations to a joint account, the aim of that law has been defeated owing to the retaining of the funds by the states and used as they liked.

According to Agim, by laying claim to Section 162 (4&5), the governors were using the Constitution to perpetrate unconstitutionality, adding the Constitution should not be applied in a manner that supported its destruction.

He faulted the narrow interpretation of Section 162(4) which stipulates that funds of the state and the LGs “shall” be paid into a joint state and local government account, stressing that the governors were using it negatively.

While stating that where the narrow interpretation of the section of the Constitution would result to injustice or work against the intended meaning of the said section of the Constitution, the Supreme Court shall employ an approach that would meet the purpose of the Constitution.

“There is no doubt that the word “shall” will mean that the federal government will pay into the joint state account,” Agim said. shocked

“But, it has not worked,” he added.

Thus, to prevent the governors from further exploiting the said law, the apex court held that it was the responsibility of the apex court to make a law that would serve the interest of the people and the country in general.

Agim held that, “Since paying to the LGs through the state has not worked, the money should henceforth be paid to the LGs directly.”

On the issue of appointing caretaker committees to take over governance at the local government level, the apex court reiterated its previous judgements wherein it declared such as illegal, unlawful, null and void.

It held that state houses of assemblies lacked powers to make laws empowering governors to appoint caretaker committees, declaring further that any governor who dissolved any democratically elected local government greatly breached the Constitution and committed a gross misconduct.

He subsequently granted the reliefs sought by the federal government, which included an order of the apex court stopping governors from constituting caretaker committees to run the affairs of local governments as against the constitutionally recognised and guaranteed democratic system.

In addition, the apex court described as an act of gross misconduct the dissolution of democratically elected local governments and their replacement with caretaker committees.

The apex court also made 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”.
I don't think what I said earlier is different from what you are referring me to. Like I said before, the National Assembly should amend the law in support of what the FG government and SC is arguing. The SC is overstepping in its interpretation regarding the current approach.

As you can see from the excerpts; the honorable justice made use of "although" and "but" many times in his lead judgment when interpreting section 162 (4&5). What it indicates is that, the honorable justice is saying; this is the legal provision but since some persons are abusing it, we are adding our own. While judicial precedents are case laws vice versa, the Supreme Court is not a law making body.
If there is abuse, the provision should be referred to the National Assembly for amendment.

The many ALTHOUGH and BUT in that judgment is enough for you to understand my point.

P.S

Please don't interpret my view as being against LG autonomy. Far from it.
Every right thinking person knows governors in Nigeria has reduced LGs to their stooges, but in this case, we are discussing law.
In fact one of the reasons why we have this problem in our LG system is because we don't respect and observe our laws and we cannot use the same culture of not respecting our laws to remedy a like situation.

I am saying this cause it is the culture here on Nairaland for most people to construe anything against popular opinion as hatred.

1 Like

Re: LG Autonomy: Supreme Court decision, an assault on true federalism - James Ibori by Oakenshield: 10:19am On Jul 12
richidinho:
angry

I said the same thing just now on Facebook
u speaking rubbish most development where done by local government chairman and hereby reduces the stress on the governor. Which local government now employment can be done with ease and things will change including security.
But as our useless governor and u who is struggling to buy one cup of garri knows that with what has happened the local government will now easily shift from imposing to letting atleast 60% of the people wishes come true.
No more collecting close to 3 billion for local government allocation then give each chairman peanuts for security and pocket money.
Incase you don't know the state government pays local government salaries instead of the local government to pay them directly that's why governors don't pay salaries
Re: LG Autonomy: Supreme Court decision, an assault on true federalism - James Ibori by Mayflowa(m): 10:19am On Jul 12
James Ibori is the last person that should make remark on any government policies! He was governor and looted his state dry. Invested in a refinery in another country that was scammed from him. Built a private university from the state commonwealth. This guy was in Jail for messy financial fraud and yet have the effrontery to comment on how money should be used in govt! Shame on him!
Re: LG Autonomy: Supreme Court decision, an assault on true federalism - James Ibori by CyrusVI(m): 10:22am On Jul 12
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.

Are u ever happy?
Are u always bitter??

The way u tend to see negativity in every positive news is baffling. Bro, u need mind cleansing and it isnt funny
Re: LG Autonomy: Supreme Court decision, an assault on true federalism - James Ibori by Eteka1(m): 10:32am On Jul 12
CyrusVI:


Are u ever happy?
Are u always bitter??

The way u tend to see negativity in every positive news is baffling. Bro, u need mind cleansing and it isnt funny
you are thinking upside down. It's rather Ibori and yourself that is seeing negativity in a positive Judgement that Nigerians are celebrating.

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