By A. Olajide, Np.
It is submitted that the assertion that the Supreme Court “amended” the Constitution to favor the executive is a misunderstanding of the judicial function.
The 1999 Constitution clearly guarantees the existence and autonomy of democratically elected local government councils. In particular, Section 7 mandates that every state ensure the establishment and proper functioning of local governments through appropriate legislation, while Section 162 delineates the distribution of funds from the Federation Account among federal, state, and local governments.
The Court’s decision to direct that statutory allocations be remitted directly to local governments is not an exercise in constitutional amendment, it is a reasoned interpretation aimed at safeguarding the autonomy envisioned by the framers. The judiciary’s role is to interpret and enforce constitutional provisions, not to legislate or alter them. Only the National Assembly, following the due constitutional process, possesses the authority to amend the Constitution.
By ensuring that LG funds are not unduly diverted by state executives, the Court reinforces the principle that local governments are independent bodies, endowed with the power to manage their own affairs. Such an interpretation is consistent with the federal structure laid out in the 1999 Constitution, which was designed to prevent the concentration of power in the hands of the executive and to ensure that local governments remain true to their democratic origins.
Furthermore, selective adherence to judicial pronouncements—whereby the executive may choose which rulings to observe—undermines the rule of law and the very essence of constitutional governance. The Court’s directive is a corrective measure aimed at curbing executive overreach, not an arbitrary “amendment” of the constitutional text.
In conclusion, the interpretation provided by the Supreme Court is entirely consistent with the constitutional framework and its principles. It serves as a necessary check on state interference, ensuring that local governments receive their rightful allocations directly to fulfill their statutory mandate. Any deviation from this approach would erode the autonomy that the 1999 Constitution so clearly enshrines for local government councils.
Olajide, Np.
