- LGAs need to approach us to open an account for direct allocation —CBN
The Attorney General and Minister for Justice, Lateef Fagbemi, SAN has described the illegal dissolution and taking over of local government administration by state governors as a treasonable offence.
Fagbemi stated this on Wednesday, 19 February 2025, during the opening ceremony of a State of the Nation discourse on strengthening local government autonomy in Nigeria, organized by the Nigerian Bar Association (NBA), in Abuja.
“Let me state in unequivocal terms that this act is tantamount to treason and must be treated as such,” Fagbemi declared.
Represented by the Director of Civil Appeals in the ministry, Tijani Gazali, the AGF noted that despite the judgement 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.
Prince Fagbemi described as “worrisome” the collusion between state governors and their respective state assemblies to dismantle elected local government structures, replacing them with handpicked appointees.
While acknowledging that Section 308 of the 1999 Constitution grants governors immunity from prosecution, Fagbemi insisted that the Federal Government would not tolerate the flagrant violation of the Supreme Court’s decision.
“This flagrant disobedience to the Supreme Court judgment will have unpleasant consequences for the state as a whole, should it persist,” he warned.
Fagbemi noted that local government structures had nearly become extinct until his office took the matter to the Supreme Court, resulting in a ruling that reaffirmed the autonomy of local councils.
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 lacked the power to suspend or remove council chairpersons.
In the meantime, while addressing the delay in the direct disbursement of funds to LGAs as ordered by the Supreme Court, CBN’s Director of Legal Services, Mr. Salam-Alade, explained that the apex bank previously had no banking relationship with local governments.
He disclosed that the Central Bank of Nigeria (CBN) had begun a Know Your Customer (KYC) process to profile individuals who would serve as signatories to local government accounts.
“All that ALGON needs to do is to encourage its members to approach the CBN within their locality. Within 48 hours, their problem will be solved,” Salam-Alade assured.
He urged all 774 local governments to submit their documentation to facilitate the operationalization of their accounts.
However, Mr. Sam Akala, a representative of the Association of Local Governments of Nigeria (ALGON), countered the CBN’s claim, stating that the association was not aware of any formal communication regarding the account opening process.
“I cannot confirm that such communication has been received officially,” Akala said, while expressing ALGON’s readiness to support grassroots development.
In his welcome address, NBA President, Mazi Afam Osigwe, SAN, emphasized the urgent need to protect local government autonomy, warning that failure to empower LGAs could lead to greater instability.
“There must be democracy at the local government level. If we fail to get it right there, we may be setting the stage for a greater calamity,” Osigwe cautioned.
The discourse, which featured retired Supreme Court Justice Ejembi Eko as the guest speaker, was attended by state attorneys-general, government officials, and senior legal practitioners, all calling for concrete reforms to ensure the independence of local governments across Nigeria.
