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Local Government Accountability: FG To Prosecute Officials, Sue Governors For Contempt
By their illegal actions, some states have rendered local councils powerless, unable to fulfill their statutory functions. This is one form of governmental oppression against another.
Abuja, Nigeria- The Federal Government has announced plans to initiate criminal actions against elected officials found colluding with state governors to divert allocations meant for the 774 Local Government Areas (LGAs) in Nigeria.
Attorney General of the Federation and Minister of Justice, Prince Lateef Fagbemi (SAN), issued this warning while explaining the administration’s commitment to enforcing the Supreme Court’s judgment granting financial autonomy to LGAs.
Fagbemi, speaking at the 2024 Annual General Conference of the Abuja Chapter of the National Association of Judiciary Correspondents (NAJUC), cautioned governors against bypassing the court’s directives, threatening to file contempt of court charges against defaulters.
“The Federal Government will not hesitate to prosecute those violating local government autonomy. The diversion of LG funds is not only a contempt of court but also an impeachable offence,” he stated.
Representing the Chief Justice of Nigeria (CJN), the Secretary of the National Judicial Institute, Mr. Abdullaziz Olumo, also condemned the practice.
He decried governors’ tendencies to plant loyalists in local government councils through flawed elections, which he described as a deliberate attempt to undermine governance at the grassroots.
“I am aware that some states have enacted legislation that conflicts with the Supreme Court’s decision. These actions are antithetical to the principles of the constitution,” Fagbemi said.
The AGF emphasized that pursuing legal action against any state government is not taken lightly but stressed the need to uphold constitutional provisions.
“It is not gratifying to take sub-national governments to court, but the constitution provides mechanisms to address grievances and enforce rights,” he added.
Fagbemi accused some states of deliberately starving local government councils of funds, hindering them from performing their constitutional duties.
“By their illegal actions, some states have rendered local councils powerless, unable to fulfill their statutory functions. This is one form of governmental oppression against another,” he said.
He invoked Section 1(2) of the Nigerian Constitution, which prohibits any governance outside constitutional provisions, labeling the actions of some governors as “treasonous.”
The AGF also cautioned state attorneys-general against professional misconduct, warning that disregarding constitutional rulings could attract scrutiny from the Legal Practitioners’ Disciplinary Committee.
Fagbemi explained the importance of local government autonomy, stating that it fosters grassroots development and public participation.
He noted that financial independence would enable citizens to engage more in local politics and ensure effective governance at the grassroots level.
He also admonished local government chairmen to manage public funds responsibly, warning that misappropriation of funds would result in severe legal consequences.
“Any chairman who tampers with public funds and fails to deliver on their constitutional duties risks imprisonment. Accountability and good governance must be their priority,” he stated.
While explaining the role of local councils, the AGF urged officials to focus on primary education, healthcare for pregnant women and infants, and welfare programs for vulnerable groups.
He warned against undertaking projects outside their constitutional scope, such as building airports.
Fagbemi praised President Bola Tinubu’s administration for its commitment to strengthening governance structures and urged local government officials to embrace transparency.
He also explained the need for state independent electoral commissions to operate autonomously as prescribed by the constitution.
Fagbemi hinted that the Supreme Court might be approached if state electoral commissions fail to conduct credible local government elections.
Speaking at the event, Chief Justice of Nigeria, Justice Kudirat Kekere-Ekun, stated the critical roles of the media and judiciary in societal development.
She called for credible journalism to strengthen public trust in the judiciary.
“Your dedication to credible reporting is integral to fostering transparency and accountability in the judiciary,” Kekere-Ekun said.
In his keynote address, Prof. Mike Ozekhome, SAN, emphasized the need for the judiciary to deliver justice without undue technicalities, urging judges to balance the scales fairly between feuding parties.
The Chairman of the Abuja Chapter of the Nigerian Association of Judicial Correspondents (NAJUC), Kayode Lawal, reiterated the media’s commitment to fair reporting and called for reforms to sanction lawyers who compromise judges.
