LG Autonomy: We’ll jail officials helping governors to divert allocations – FG
… says tampering with LG funds impeachable offence
By Ikechukwu Nnochiri
ABUJA– The Federal Government, on Thursday, said it would initiate criminal actions against elected officials that collude with Governors to divert allocations meant for the 774 Local Government Areas, LGAs, in the country.
FG, through the Attorney-General of the Federation and Minister of Justice, Prince Lateef Fagbemi, SAN, said the decision was in line with the landmark judgement of the Supreme that granted financial autonomy to LGAs.
The AGF, who spoke at the 2024 Annual General Conference of the Abuja Chapter of the National Association of Judiciary Correspondents, NAJUC, described the diversion of LG funds by governors as an impeachable offence.
He said the FG was aware that some governors have planted their loyalists into the various LGAs through shambolic elections.
According to the Justice Minister, though FG could not interfere with the LGA elections, it would however drag the elected officials to court should they mismanage funds released to them from the federation account.
Insisting that it was the deplorable condition of many LGA Secretariats across the country that moved FG to drag the 36 state governors before the Supreme Court, the AGF said his office would not also hesitate to file another action to challenge the powers of state governments to conduct Area Council elections.
He said: “The situation was also such that even when the secretariat needed to buy stationeries, you had to notify the governor in advance that you want to spend your money. And we have listened to such funny arguments before and after the judgment, to the effect that, oh, they are not matured enough. I said, how better are you? Are you any better? Leave them.
“And we have been drawing these into the ears of the local government officials that look, the governors have immunity, but you don’t have.
“So, it is very easy for you to get yourself to Kuje or other prisons spread across Nigeria.
“Before I go further, let me say that even before the pronouncement of the Supreme Court, there were so many pressures coming from left, right and center. But I give kudos to the President of Nigeria, President Bola Ahmed Tinubu, who in spite of the pressure, was able to stand up and say that he is the President of the Federal Republic of Nigeria and that the 774 local governments are also people to be protected and he did so.
“The local government areas in Nigeria, unlike branches of incorporated bodies or entities, are constitutionally the third tier of government of the federation, having their political and financial independence duly guaranteed by the constitution.”
Continuing, the AGF, said: “Let me say this, immediately after the filing of the case at the Supreme Court, about nine states announced their dates for the conduct of local government elections.
“Argument has been made that, oh, they are still in control of the conduct of elections at the local government, so it will be very easy for them to manipulate the system. I agree.
“It is one step after another. We have tried and will continue to try to allow the various states’ independent electoral commissions to be allowed the independence granted to each one of the states.
“We are not resting on our oars. If we don’t have any meaningful response, we may also invite the Supreme Court to help us take a look at the constitution and see whether they should be allowed to continue to conduct local government elections in the form that we want.
“I am aware that some states have embarked on legislations, promulgation of legislations, which appear to be antithetical to the tenets or tenor of the judgment of the Supreme Court.
“My simple comment is that the states concerned are advised not to tread within the precincts of contempt of court and that my colleagues at the sub-nationals should not also invite what I would call the attention of the legal practitioners disciplinary committee for misconduct.
“It is expected that having become divorced from the financial dependency on the state’s government, more Nigerians will begin to get involved in the grassroots politics so as to ensure effective governance from the ground up.
“Local government councils must wake up to their primary responsibilities by ensuring that farms are once again cultivated, primary education is accessible to every child in Nigeria, pregnant women and our infants can receive quality healthcare in the primary healthcare centres, our old and vulnerable persons in the society are taken care of through the establishment of sustainable welfare programs and infrastructures, among many other duties imposed on them by the constitution.
“The time to begin to demand accountability and good governance from every tier of government and not just the federal government is now.
“This is why any attempt to sabotage the effort will be confronted headlong and given deserved treatment. The local government chairman and councillors should not forget the governors have immunity, while they don’t. That is, local government officials don’t.
“So, they have to choose between dealing with the funds of the local governments as they like and risking going to jail. The choice is absolutely theirs. If they want to tamper with the funds and end up in jail, it is their choice.
“Or if they want to write their names in letters of gold, activities like construction or upgrading of roads, schools, hospitals, etc., must return to the local government.
“Life must come back to local government. They don’t all have to come to Abuja,” the AGF added.
While declaring the conference open, the Chief Justice of Nigeria, CJN, Justice Kudirat Kekere- Ekun, noted that the judiciary and the media play unique and complementary roles in the development of the society.
The CJN, who was represented by the Secretary of the National Judicial Institute, Mr. Abdullaziz Olumo, however urged journalists to avoid sensationalism in news reporting.
She further expressed concern over what she termed as “trial by media,” where premature narratives prejudge cases, sometimes infringing on constitutional rights.
Earlier in his keynote address, Prof. Mike Ozekhome, SAN, said there was need for the judiciary to continue to live up to expectation by ensuring that justice is not sacrificed on the alter of technicalities.
Speaking on the theme of the conference: “The role of courts in the enforcement of judgements,” Prof. Ozekhome, SAN, maintained that courts must hold the balance of scale between feuding parties, even as he cautioned judges against denying lawyers the opportunity to effectively present their case in court.
More so, he admonished judges to stop inviting political exposed persons to events organised in their honour, saying that such action creates room for a compromise.
He further argued that it was time for Judges to form an association to enable them to defend themselves against unfounded corruption allegations.
In his welcome address, the Chairman of the Abuja Chapter of NAJUC, Mr. Kayode Lawal, while pledging the commitment of the media to fair and balanced reporting, also called for a holistic reform that would ensure that lawyers who compromise judges, are promptly and adequately punished.
Among dignitaries at the conference included the Chief Judge of the Federal High Court, Justice John Tsoho, who was accompanied by other justices of the court, as well as senior officials of the Federal Ministry of Justice.
