The Nigerian Supreme Court has fast-tracked a legal battle concerning local government (LG) autonomy, granting state governors only seven days to file their defense. This expedited timeline underscores the growing urgency surrounding the issue of LG independence.
The case stems from a lawsuit filed by the Attorney-General of the Federation (AGF), Lateef Fagbemi, against the 36 state governors. The lawsuit argues for the full financial and administrative autonomy of local governments as enshrined in the Nigerian constitution.
The apex court issued the AGF, two days to file his reply upon receipt of the governors’ defense.
“That within 2 days of service, the plaintiff will reply after being served the reply of the defendant Counter affidavit,” the court stated.
A seven-man panel of the apex court led by Justice Garba Lawal, issued the order while ruling in the application for abridgment of time argued by Fagbemi.
He held that the decision of the court was predicated on the national urgency of the suit and the nonobjection from the Attorneys-General of the states of the federation.
The apex court held that filing of all processes and exchanging of same must be completed within the time.
The court also ordered all state Attorneys-General absent to be present in court on the adjourned date.
“All defendants absent should be served with fresh hearing notice and be in court on the adjourned date,” it stated.
The eight states whose Attorney General were absent in court despite being served with hearing notice were, Borno, Kano, Kogi, Niger, Ogun, Osun, Oyo, and Sokoto.
LG autonomy has been a contentious issue for decades. Proponents argue that financially and administratively independent local governments would be better positioned to serve their communities directly. Critics, however, express concerns that such autonomy could lead to mismanagement and a lack of oversight from state governments.
The Supreme Court’s decision to expedite the case suggests a recognition of the potential national significance of this issue. This is further emphasized by Justice Garba Lawal’s justification for the shortened deadline, citing the “national urgency” of the case.
The onus now falls on the state governors to present their defense within the allotted timeframe. Their arguments are likely to focus on the potential drawbacks of LG autonomy, such as concerns about financial accountability and potential disruptions to existing governance structures.
The outcome of this case will have a significant impact on the future of local governance in Nigeria. A ruling in favor of LG autonomy could lead to a more decentralized system, potentially empowering local communities. However, a decision upholding the status quo could maintain the current power dynamics between state and local governments.
It’s important to note that the court proceedings are still in their early stages. The coming days will be crucial as the state governors prepare their defense, potentially shaping the future arguments presented in court. Following the governors’ response, the Attorney-General will have a further two days to present a rebuttal. The timeframe for the final court decision remains unclear.
