Local Government Autonomy: AGF Fagbemi's Action Is To Strengthen Democracy - APC

Local Government Autonomy: AGF Fagbemi's Action Is To Strengthen Democracy - APC Group Replies Sanwo-OluThe attention of the APC League of Professionals has been drawn to the statement attributed to the governor of Lagos State, Mr. Babajide Sanwo-Olu over the decision by the Attorney General of the Federation and Minister of Justice, Prince Lateef Fagbemi (SAN) to institute a suit against the 36 states of the federation on behalf of the Federal Government of Nigeria at the Supreme Court over alleged interference with the local government autonomy in their domains.In a statement released to newsman in Lagos on Wednesday by the National Publicity Secretary of the group, Mr. Anifowoshe Daramola, the group said the intention of the Federal Government was not to praise or expose states that encourage or discourage local government autonomy in their domains as suggested by Gov. Sanwo-Olu through his remarks, but to strengthen democratic institutions at the third tiers of government with the expected outcome of the 'case law' that would emanate from the Supreme Court in order to further reinforce what the Constitution has said about the status of local government autonomy in Nigeria.For example, Section 7(1) of the 1999 as amended says: "The system of local government councils is under this Constitution guaranteed; and accordingly, the Government of every state shall subject to section 8 of this Constitution, ensure their existence under a law which provides for the establishment, structure, composition, finance and functions of such councils."Recall that before the lawsuit, there were several reports on how states disrupt the tenure of elected council chairmen without recourse to the extant laws establishing them.Furthermore, there were reports that some states allegedly tamper with local government allocations in their domains coupled with the composition of caretaker committee members who run the affairs of the councils instead of conducting periodic local government elections as required by the law.According to the investigative report by the Vanguard Newspaper of Saturday, May 18, 2024, Volume 21: No. 94674, the paper reported that 19 states out of the 36 states of the federation run 433 local government councils with caretaker committee members instead of conducting local government elections.In the same vein, the Senate on May 15, 2024 urged the Federal Government to stop further allocation of funds to caretaker-led local government councils across the federation.Therefore, it is part of the Renewed Hope Agenda of the Tinubu's administration that the Federal Government of Nigeria through the Office of the Attorney General of the Federation and Minister of Justice decided to permanently put an end to the insinuation that state governors unduly interferes with local government autonomy among others.What the Federal Government is asking for in this case is very simple;"'An order prohibiting state governors from unilateral, arbitrary and unlawful dissolution of democratically elected local government leaders for local governments.”''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 their states.”“An order stopping governors from constituting caretaker committees to run the affairs of local governments as against the Constitutionally recognised and guaranteed democratic system.”It was on these premises that the Federal Government acted and not on the premise of hailing or condemning any state whatsoever.“The Constitution of Nigeria recognises federal, states and local governments as three tiers of government and the three recognised tiers of government draw funds for their operation and functioning from the Federation Account created by the Constitution.""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.“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.“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 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.Finally, the move was not intended to disparage any governor or state as the case may be, but an action taken in good faith to further strengthen our democratic institutions at the local government level.Signed:Mr. Anifowoshe Daramola,National Publicity Secretary,APC League of Professionals.