Prince Lateef Fagbemi (SAN), the Attorney General of the Federation and Minister of Justice, has filed a lawsuit in the Nigerian Supreme Court against the governors of the 36 states comprising the Federation, alleging wrongdoing and improper management of Local Government Areas.
Through their respective State Attorneys General, the Governors were sued. The complaint is expected on 27 grounds, including the fact that the President of the Nigeria Federation has pledged to maintain and implement the Constitution’s provisions and that the Nigeria Federation was established by the 1999 Constitution.
Therefore, Fagbemi is asking the apex court to invoke sections 1, 4, 5, 7 and 14 of the Constitution to declare that the State Governors and State Houses of Assembly are under obligation to ensure democratically system at the third tier of government in Nigeria and to also invoke the same sections to hold that the governors cannot lawfully dissolve democratically elected local government coincils.
The originating summon was accompanied by a 13-paragragh affidavit deposed to by one Kelechi Ohaeri, from the Federal Ministry of Justice.The deponent averred that the AGF drew out the suit against the Governors under the original jurisdiction of the Supreme Court on behalf of the Federal Government.Oraeri stated that local government system recognized by the Constitution is a democratically elected local government councils and that the amount due to local government councils from the federation account is to be paid to local government system recognized by the Constitution.
The deponent said the AGF has the locus standi to file the case because the issue of autonomy for local governments in Nigeria is of national importance to Nigerians.
Specifically, the AGF is seeking full autonomy for Local Governments Areas
