By Henry Ojelu

The recent local government elections in Osun State have once again highlighted the persistent challenges facing democracy and the rule of law at the grassroots level in Nigeria.

The controversial elections, marred by allegations of political interference, have reignited the debate over the financial and administrative autonomy of local governments.

Recognising the urgency of the issue, the Nigerian Bar Association, NBA, last week, convened a high-profile “State of the Nation Discourse on Local Government Administration” at its national headquarters in Abuja. The event was aimed at ensuring the full implementation of the Supreme Court’s landmark judgment on the financial autonomy of local governments—a decision that the NBA sees as essential for returning true democracy to the grassroots. Those who spoke at the event includes, Justice Ejembi Eko, Attorney- General of the Federation and Minister of Justice, Prince Lateef Fagbemi, SAN; NBA President, Mazi Afam Osigwe, SAN;  Ebun-Olu Adegboruwa, SAN; Muyiwa Atoyebi, SAN and Dr. Monday Ubani, SAN. 

Local govt system must be respected — Osigwe, SAN

In his opening remarks, Mazi Afam Osigwe, SAN, emphasized the need for respect for the local government system. He acknowledged the diverse perspectives on the Supreme Court judgment but urged all stakeholders to prioritize good governance.

“Local governments are the closest tier of government to the people. Without financial and administrative independence, democracy at the grassroots remains a mirage,” Osigwe stated.

The discourse featured prominent legal and political experts who dissected the implications of the Supreme Court ruling and the continuous flouting of constitutional provisions by some state governors.

State governors should not hide behind immunity — Justice Eko

One of the most profound comments at the event came from retired Supreme Court Justice Ejembi Eko, who criticized the abuse of power by state governors.

“It does not sound reasonable for a man violating the Constitution to plead its cover in its shredded form,” he argued, referencing the biblical principle that those who do not acknowledge the law should be judged without it.

Justice Eko took particular aim at governors who misuse public funds, including those who divert local government allocations for personal and political purposes. He argued that constitutional immunity under Section 308 should not be a shield for corrupt practices.

“For how long will our constitutional law remain an ass, doing nothing to prevent and punish the malignant evil to the society it was erected to guide, guard, and protect?” he asked pointedly.

Disobedience to S-Court judgment treasonable — AGF

The Attorney-General of the Federation and Minister of Justice, Prince Lateef Fagbemi SAN, at the event, reaffirmed the Federal Government’s commitment to implementing the Supreme Court ruling.

The AGF who was represented by Mr. Tijani Gazali, SAN said:”The Federal Government has set up an implementation committee with representatives from the Nigerian Governors’ Forum and the Association of Local Governments of Nigeria, ALGON, to ensure full compliance with the judgment.”

However, he expressed concern that some states were still disregarding the Supreme Court’s decision by continuing to dissolve elected local government councils illegally.

“This act is tantamount to treason and must be treated as such. While Section 308 of the Constitution grants governors immunity from prosecution, persistent disobedience to the Supreme Court judgment will have severe consequences for the state as a whole,” he warned.

The AGF further criticized state attorneys-general who fail to uphold the law. “It is worrisome that some lawyers allow their clients and political leaders to dictate the law to them when it should be the other way round. We must remember that our first duty is to the Constitution of the Federal Republic of Nigeria, before any political allegiance,” he stated.

Implication of S-Court judgment on LGAs —Adegboruwa, SAN

Legal scholar and Senior Advocate of Nigeria, Ebun-Olu Adegboruwa, provided a comprehensive analysis of the Supreme Court ruling and its implications for governance noting that the decision in Attorney-General of the Federation v. Attorney-General of Abia State & 35 Ors, reaffirmed the status of local governments as the third tier of government and guaranteed their financial independence.

“The Supreme Court ruled that the retention and use of local government funds by state governments is unconstitutional and illegal. The Federal Government now has the authority to ensure direct payments to local governments, bypassing state governments if necessary,” he stated.

Adegboruwa explained that this shift has significant fiscal implications. The decision will allow local governments to have greater control over their finances, reducing their reliance on state governments and fostering more effective governance at the grassroots level,” he said.

Revenue generation, challenges for LGAs

Beyond federal allocations, Adegboruwa emphasized the need for local governments to enhance their revenue generation capacities.

“Local governments are empowered to collect taxes such as tenement rates, market levies, and motor park fees. The Supreme Court ruling strengthens their ability to directly manage these resources without undue interference from state governors,” he explained.

He, however, acknowledged potential challenges, including resistance from state governments that have long benefited from controlling local government funds.

“In Oyo State, for example, the 33 local government chairmen have withdrawn from ALGON in protest of the Supreme Court ruling. This is an unfortunate politicization of a constitutional matter,” he noted.

Adegboruwa warned that defying the Supreme Court ruling was not an option. “No Nigerian, whether an individual or an association, has the prerogative to reject any decision of the Supreme Court of Nigeria. The authority of the court must be respected, or we risk descending into lawlessness,” he said.

Democracy must be strengthened at the grassroots — Atoyebi, SAN

Speaking on how to restore democracy at the grassroots, legal expert, Muyiwa Atoyebi, SAN stressed the importance of ensuring that local governments are fully empowered to function independently.

“There is a need to grant local communities the opportunity to make decisions that directly impact their lives. This can only be achieved by strengthening local governments, ensuring they are adequately funded, and providing them with autonomy,” Atoyebi stated.

He added that financial autonomy alone was not enough; regular elections must also be conducted.

“Local government autonomy must not only be theoretical. We must ensure that elections are held as required by law, rather than allowing governors to appoint caretaker committees who serve their interests,” he argued.

Collective action needed to uphold LG autonomy — Ubani, SAN

Dr. Monday Ubani, SAN, echoed this sentiment, calling for collective action to uphold local government autonomy.

“The Supreme Court’s pronouncement presents a crucial opportunity for strengthening governance at the grassroots level. It requires commitment from all stakeholders, including the federal and state governments, civil society, and the judiciary,” Ubani stated.

While the Supreme Court ruling has provided a legal framework for financial autonomy, implementation remains a significant challenge due to political resistance. However, as legal experts, government officials, and civil society continue to push for compliance, there is hope that local governments will finally be able to function as independent entities, truly serving the people they were created for. As Adegboruwa, SAN aptly put it: “This is a battle for the soul of democracy at the grassroots. We must not fail.”