Fayemi faults Supreme Court on local government, says decision may contradict constitution

By Ologeh Joseph Chibu

Dr Kayode Fayemi, the immediate past Governor of Ekiti State and former chairman of the Nigerian Governors Forum (NGF) has reacted to the Supreme Court’s recent ruling on financial autonomy for local governments in Nigeria.

The former Governor of Ekiti State in a statement signed by

Mallam Ahmad Sajoh Head, Fayemi Media Office, Abuja and made available to Irohinoodua
noted that whilst still awaiting the certified true copy of the ruling by the Court, the conclusion drawn from the reports of what transpired portends danger.

The Supreme Court, in a landmark decision on Thursday, July 11, 2024, declared it unconstitutional for state governors to control funds allocated to local government administrations. This ruling came in response to a suit filed by the Attorney General of the Federation, Lateef Fagbemi (SAN), seeking full autonomy and direct funding for local governments.

The justices, led by Justice Emmanuel Agim, affirmed that the 774 local government councils must manage their own funds independently. The court also declared that state governments have no authority to appoint caretaker committees for local councils, emphasizing that only democratically elected local government councils are recognized by the constitution.

In his response, Dr Fayemi described the ruling as “an attempt by an overzealous federal government to destroy the foundational basis of the Nigerian state.” He expressed disbelief at the Supreme Court’s decision, stating, “It befuddles the mind that the Supreme Court can align itself with the assault on federalism.”

Through a statement released by Mallam Ahmad Sajoh, head of the Fayemi Media Office in Abuja, the former governor pointed out the import of section 162(3) and subsection (6) of the Nigerian constitution.

Fayemi stated, ‘’The section expressly states that “Any amount standing to the credit of the Federating Account shall be distributed among the Federal and State Governments and the Local Government Councils in each state on such terms and in such a manner as may be prescribed by the National Assembly” and in Section 162(6) further clarify that “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 the Government of the State.

‘’In light of the above extant provisions of the constitution, it is difficult not to see the interpretation by the Supreme Court as an overextension of its bounds and as an outright rewriting of the constitutional provision.’’

Whilst not objecting to the importance of democratically elected councils as a Governor who conducted local government elections twice between 2018 and 2022 and also endorsing the need for local government funds to reach LGAs without fiddling, Dr Fayemi argues that this judicial overreach may well portend serious dangers for the foundational basis of Nigeria’s federalism and the delicate balance of powers among the different arms and tiers of government as envisaged by the framers of the Nigerian constitution.

He further highlighted his own record as a governor, emphasizing his commitment to transparency and accountability in financial management, including prompt disbursement of funds to local governments. ‘’As a Governor my records clearly show a commitment to transparency and accountability in financial management. Throughout my tenure, I ensured that funds allocated to local governments were disbursed promptly and used effectively for their intended purposes, thereby fostering development and improving service delivery to our communities.’’

Fayemi acknowledged the existing challenges in managing local government funds but argued that the court’s solution was disproportionate. “The solution to a headache does not reside in cutting off the head,” he stated.

The former governor raised concerns about the potential implications of this ruling on the separation of powers and federalism in Nigeria. He also argued that the Supreme Court’s role should be limited to interpreting the law, not making new laws.

Fayemi warned, “This certainly sets a dangerous precedent that can be taken advantage of by an executive branch determined to destroy the ground of our federal state.”