- Accuses states’ AGs of complicity, says it’s a treasonable offence
- Insists only legislative arms can sack, suspend LG chairmen
- Explains why CBN delayed funds despite Supreme Court order
The Attorney General and Minister for Justice, Lateef Fagbemi, has described the illegal dissolution and taking over of local government administration by state governors as a treasonable offence.
Fagbemi stated this on Wednesday during the opening ceremony of an event organised by the Nigerian Bar Association in Abuja.
Represented by the Director of Civil Appeals in the ministry, Tijani Gazali, the AGF noted that despite the judgment of the Supreme Court and the provision of the constitution guarding against the interference of state governors in the running of local government councils, some governors and their state assemblies continue dissolving elected local government council without following the provisions of the constitution.
He also accused the Attorney General and Commissioners for Justice at the state level for not giving legal advice to their governors and called for a stiff penalty against any governor who continues in such an illegal act.
Some state governors have been at loggerheads with some local government chairmen.
Last December, the Edo State House of Assembly passed a resolution suspending all chairmen and vice chairmen of the 18 local government councils of the state for two months.
The house also mandated leaders of the legislative arms to take over leadership of their respective councils.
The suspension of the council’s chairmen and their deputies followed a motion moved by the member representing Esan North East one, Isibor Adeh and seconded by the member representing Akoko-Edo two, Donald Okogbe.
The governor of the state, Senator Monday Okpebholo had written a petition to the House over the refusal of the chairmen to submit financial records of their local government to the state government.
Worried by the situation, the Attorney General of the Federation faulted the Edo State House of Assembly for suspending the chairpersons of the 18 Local Government Areas in the state.
The minister said that it was only the legislative arm of local governments that could sack or place council chairmen on suspension.
He said that under the current dispensation, local government chairmen cannot just be removed or suspended by any governor without following due process of law.
Fagbemi stated that state houses of assembly lack the power to suspend or remove council chairpersons.
FG explains why CBN delayed funds despite Supreme Court order
The Federal Government has also explained the delay in the direct disbursement of funds to the 774 Local Government Areas despite the Supreme Court’s ruling granting them financial autonomy.
According to the government, the delay is due to the ongoing process of profiling individuals who will serve as signatories to the LGAs’ accounts.
Fagbemi also stated this at a state-of-the-nation discourse on strengthening local government autonomy in Nigeria, organised by the Nigerian Bar Association on Wednesday.
He added that an implementation committee was set up following the Supreme Court’s July 11, 2024 judgment.
The committee, which includes representatives from the Federal Government, the Association of Local Governments of Nigeria and the Nigerian Governors’ Forum, has been working on a framework for the full implementation of the ruling, particularly regarding the direct payment of allocations from the Federation Account to LGAs.
“The committee is expected to complete its mandate any time from now and present its recommendations to Nigerians,” the AGF stated, adding that President Bola Tinubu’s administration remains committed to granting LGAs full autonomy.
Providing further insight into the delayed fund disbursement, the Director of Legal Services at the Central Bank of Nigeria, Salam-Alade, said the apex bank had no direct banking relationship with the LGAs.
Salam-Alade explained that the bank had begun profiling individuals who would serve as signatories to the LGAs’ accounts, a necessary step to ensure financial accountability.
He stated, “This is all about standard procedure in the form of KYC (Know Your Customer). Anyone who will be a signatory to the account must be profiled. The process is ongoing, and we are collaborating with the AGF’s office. We have also written to the LGAs.”
He urged ALGON to encourage its members to engage with the CBN at the local level, assuring that once proper documentation is completed, the accounts will be operational within 48 hours.
“We are using this opportunity to call on the 774 local government chairmen to come forward for their documentation. No account can be operationalised without the prerequisite Customer Due Diligence (CDD),” he added.
However, ALGON’s representative at the event, Sam Akala, disputed the CBN’s claim, stating that he was unaware of any official communication from the apex bank regarding the account-opening process.
“I cannot confirm that such communication has been received officially,” he said, while affirming ALGON’s readiness to embrace its new role in grassroots development.
In his welcome remarks, NBA President Mazi Afam Osigwe emphasised the need for full local government autonomy, warning that failing to strengthen governance at the grassroots level could lead to greater national challenges.
Osigwe warned, “There must be democracy at the local government level. All other tiers of government must allow the LGs to breathe. If we fail to get it right at the LG level, we may be setting the stage for a greater calamity.”
