The Attorneys-General of Nigeria’s 36 states have filed an objection against a lawsuit brought by the Federal Government at the Supreme Court concerning local government funds. The Commissioner for Justice and Attorney General of Gombe State, Zubairu Umar, confirmed in an interview with The PUNCH on Tuesday that the states are contesting the Supreme Court’s jurisdiction over the case.

The lawsuit, initiated by the Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi (SAN), is set to begin on Thursday. A seven-member panel of the Supreme Court, led by Justice Garba Lawal, had on May 30, 2024, given the state attorneys-general seven days to file their defense. The court also mandated that all state AGs appear on the adjourned date. This order came after Fagbemi’s application for an expedited hearing.

The Federal Government seeks full autonomy for local government councils, citing alleged misconduct in their administration. Specifically, the government requests an order prohibiting state governors from unlawfully dissolving democratically elected local government leaders and replacing them with transitional committees. Additionally, Fagbemi is urging the court to mandate that local government funds be directly allocated from the Federation Account, bypassing the state-managed joint accounts.

In response, the states argue that the Supreme Court lacks jurisdiction to hear the case. Zubairu Umar, representing the Gombe State AG, stated, “What we are contending is that the Supreme Court has no jurisdiction to entertain the suit, as presently instituted.” He added that all states have filed similar objections, which will be heard on Thursday.

Kwara State has also asked the Supreme Court to dismiss the Federal Government’s lawsuit, arguing that granting the requested reliefs would further impoverish local residents. The state contends that funds for local governments should be managed through a joint account as stipulated by the Constitution, and any deviation would require legislative amendment, not judicial intervention.

Ogun State, through its Attorney General, Mr. Sina Ogungbade (SAN), also filed objections, emphasizing the Supreme Court’s lack of jurisdiction and the vague nature of the reliefs sought by the Federal Government. The state requested either a dismissal of the suit or its removal as a defendant.

Similarly, Ondo State’s Attorney General, Olukayode Ajulo (SAN), argued that the Federal Government lacks the standing to file the suit, and Benue State’s Attorney General, Fidelis Mnyim, confirmed their application to challenge the AGF’s suit.

Despite the widespread objections from the states, a former National Commissioner of the Independent National Electoral Commission, Prof. Lai Olurode, praised President Tinubu for addressing the issue through the courts. Olurode highlighted the importance of local government autonomy and criticized past interference by state governments.

If the Federal Government prevails, local governments could receive their funds directly from the federal purse, potentially enhancing their operational independence and accountability. Olurode noted that this could lead to more competitive and responsible governance at all levels.

This legal battle underscores the ongoing tensions between federal and state authorities over the control and administration of local government funds, with significant implications for the future of local governance in Nigeria.