- The Issue: Alleged non-compliance with a Supreme Court ruling on LGA autonomy.
- The Accuser: Human rights lawyer and activist Deji Adeyanju.
- The Stakes: Constitutional governance and the rule of law in Nigeria.
Supreme Court Ruling: What Did They Say?
Back on July 11, 2024, the Supreme Court made a landmark decision. In the case of Attorney-General of the Federation v. Attorney-General of Abia State & 35 Ors, the court declared that routing LGA funds through State Joint Local Government Accounts was unconstitutional. They ordered that funds from the Federation Account should go directly to the local government councils.
The court also outlawed the use of unelected caretaker committees, stating they are inconsistent with the Constitution. This was a huge win for those advocating for more power and resources at the local level.
Adeyanju’s Outrage: “A Direct Assault!”
In a statement released one year after the judgment, Adeyanju didn’t hold back. He described the failure to implement the judgment as “a direct assault on the Constitution and the rule of law.” Strong words!
“Despite the clarity of the Supreme Court’s pronouncement, state governments have continued to operate as though the judgment never existed,” he said. “Over ₦4.5 trillion in local government allocations have reportedly been disbursed through the same unconstitutional joint accounts, in blatant disregard of the court’s ruling.” That’s a lot of money!
Why This Matters: The Constitution Speaks
Adeyanju cited Section 287(1) of the 1999 Constitution, which says everyone in Nigeria must obey Supreme Court decisions. He warned that ignoring this undermines the whole system.
“This is not just defiance of a court order. It is a violation of the very foundation of our democratic structure. If Supreme Court judgments can be so flagrantly ignored, then we are in deeper trouble than we imagine,” he added. It raises the question: who is above the law?
FG’s Role: Praised and Criticized
Adeyanju did give credit to the current administration for starting the legal action that led to the ruling. However, he slammed them for not enforcing it.
“The Federal Government cannot stop at securing judgment. It must summon the political and institutional will to implement it. Otherwise, this becomes yet another moral victory with no real impact,” he stated. It’s not enough to win in court; you have to make sure the ruling is followed.
The Danger Ahead: A Slippery Slope?
Adeyanju is clearly worried about the precedent this sets. “If we allow this pattern to continue, then it sends a dangerous message that some political actors are above the law.” This could lead to a breakdown of the rule of law and a loss of faith in the system.
What’s Next?
Will the FG and state governments finally comply with the Supreme Court ruling? Or will this issue continue to fester, undermining the autonomy of local governments and the authority of the courts? Only time will tell.
The situation highlights the ongoing struggle for power and resources between different levels of government in Nigeria. It also underscores the importance of upholding the rule of law, even when it’s politically inconvenient.
About The Author
