NewStats: 3,259,237 , 8,169,554 topics. Date: Saturday, 24 May 2025 at 12:21 PM 39o3i6z3e3g |
LG Autonomy: Supreme Court decision, an assault on true federalism - James Ibori (37227 Views)
loswhite(m): 2:35am On Jul 12, 2024 |
Ojuntana:lol a naive small boy is better than someone that its that governors misuse local Government funds and want it to continue because there is no Governor that has never misused local government funds. Way more foolish than I thought….lol 1 Like |
loswhite(m): 2:39am On Jul 12, 2024 |
DMerciful:Is that what you can deduce from the Supreme Court judgement? Where did you see that federal Government will be controlling local government fund? Have you ever asked yourself why we blame the president for everything but never the governors? I am sure you are among those always calling the presidency but have never attacked your state governors for their reckless use of state funds. |
DMerciful(m): 2:49am On Jul 12, 2024 |
Local governments are not federating units! We get a good system and ruin it with our ineptitude! Show me one country thats practicing this type of federalism? loswhite: 1 Like |
pedrilo: 3:05am On Jul 12, 2024 |
Once the elite complain, just know it's favoring the masses This criminal should ve been executed |
walozanga(m): 3:41am On Jul 12, 2024 |
EmeeNaka: |
dragunov: 4:33am On Jul 12, 2024 |
seunmsg: ,😏 I thought you had made good your threat. Just when I had reconciled with the notion that you'd gone for good on this forum and had began to enjoy myself in peace without your funny contributions, you show up again. Wetin be dis one like dis? Go back to where you're coming from Kadoso Mutairu aka seunmsg. |
seunayantokun(m): 5:17am On Jul 12, 2024 |
When we are tired, we will all throw off the constitution of the devil.
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Deltatoto: 5:39am On Jul 12, 2024 |
loswhite:atleast some lp apga sdp are in nass.with states conducting LG elections what u see is 100/100. |
loswhite(m): 6:08am On Jul 12, 2024 |
Deltatoto:it doesn’t have to be first. It can come now after the Supreme Court judgement. |
maasoap(m): 6:25am On Jul 12, 2024 |
DMerciful: Most likely, we all knew this. wont change the wellbeing of the common manYes, we know. But we don't need the govs to destroy local govt istration. If executives at the federal and state levels are doing what they like with their allocations, local govt executives too should be allowed to have the same opportunity. Afterall, the fund legally belongs to the local governments. This will even help in stamping out this caretaker committees nonsense that all govs are practising |
DMerciful(m): 6:27am On Jul 12, 2024 |
There is no federal system of govt where you have three federating units. We always do things upside down. We should be pushing for state autonomy, not lg autonomy! maasoap: |
OVB123: 6:34am On Jul 12, 2024 |
EmeeNaka:God bless you on this summission. |
maasoap(m): 6:41am On Jul 12, 2024 |
DMerciful: There are people at the grassroot level, their money should be allowed to reach them. Govs are not grassroot people. Before, local government chairmen were constructing one or two roads at the local level. Now that govs are the ones spending local government money (aka stealing and diverting ![]() ![]() ![]() Govs should concentrate on stealing states money as president, ministers and others are stealing federal money |
kennethovic7(m): 6:51am On Jul 12, 2024 |
You are right, cause at the end of the day if the LG elections are still controlled by the governors it wouldn't matter hence they have the chance to install their candidates and try to control them and the LG funds. ElevationD: |
Deltatoto: 7:25am On Jul 12, 2024 |
loswhite:anyhow but that’s the only thg that will really mean autonomy.As long as the governors are stl planting their boys der there’s nothing like autonomy |
ReubenE(m): 8:26am On Jul 12, 2024 |
ElevationD:That's the issue with most of us. We don't learn to separate issues from personality. Ibori is a convicted thief, YES. The judgment makes sense like you said, YES. But the constitution is clear with "states and LG t ". You don't use a "wrong" to establish a "right". We all understand what the SC is trying to do here but it went beyond constitutional provisions, that's what Ibori we all dislike is saying and he is right. Until that particular section of the constitution is amended, the Supreme Court cannot add to it in interpretation. This is almost similar with what the former lawmakers in Rivers State House of Assembly did. They extended the tenure of the last LG chairmen to allow for a window to conduct LG election since caretaker and all is unknown to law. On face, it is good but it is against the provision(s) of the constitution. What is good does not automatically override the law. What is good must be ed by extant laws and until that provision is amended, Ibori is right for saying the Supreme Court overstepped. Another thing is, the judgment just replaced one master with another master i.e State with FG over local government istration. Judging from Nigeria government and politics over the years and our political culture, expect the FG to from henceforth interfere with local government istration in Nigeria now since they have a solid background now. If the FG can use state apparatus to interfere in Chieftaincy affairs that by law has nothing to do with it, expect interference in LG istration by FG with reliance on SC judgment |
ReubenE(m): 8:30am On Jul 12, 2024 |
ElevationD:That's the issue with most of us. We don't learn to separate issues from personality. Ibori is a convicted thief, YES. The judgment makes sense like you said, YES. But the constitution is clear with "states and LG t ". You don't use a "wrong" to establish a "right". We all understand what the SC is trying to do here but it went beyond constitutional provisions, that's what Ibori we all dislike is saying and he is right. Until that particular section of the constitution is amended, the Supreme Court cannot add to it in interpretation. This is almost similar with what the former lawmakers in Rivers State House of Assembly did. They extended the tenure of the last LG chairmen to allow for a window to conduct LG election since caretaker and all is unknown to law. On face, it is good but it is against the provision(s) of the constitution. What is good does not automatically override the law. What is good must be ed by extant laws and until that provision is amended, Ibori is right for saying the Supreme Court overstepped. Another thing is, the judgment just replaced one master with another master i.e State with FG over local government istration. Judging from Nigeria government and politics over the years and our political culture, expect the FG to from henceforth interfere with local government istration in Nigeria now since they have a solid background now. If the FG can use state apparatus to interfere in Chieftaincy affairs that by law has nothing to do with it, expect interference in LG istration by FG with reliance on SC judgment. Finally, LGs are not federating units. The intention is good but amend the law. Intention is not a proof or validity in law. |
ReubenE(m): 8:42am On Jul 12, 2024 |
EmeeNaka:Which legal doctrine are you quoting from that the spirit is more important than the letters of the law. What is the spirit without the letters? This is like you trying to separate the modern state from government. The intention is good, Yes. But you never took time to look at the provision(s) the convicted Ibori we all dislike as a politician is quoting from. Until that part is amended, Ibori is right for saying the SC overstepped. Establishing an autonomous third tier of government must follow from the constitution. We must learn to separate issues from personality. Much of what I want to say, I have said them in response to another comment so I will not repeat them. The National Assembly should amend the law. That is the only way people like Ibori will stop talking. How do you make a pronouncement for FG to directly deal with LG when the constitution being used as the background provides for a "t state and LG " |
UnitedKingdom: 8:59am On Jul 12, 2024 |
helinues: Your fake 'LIKES' no dey work again? Upgrade your phone or you update your phone. 7 pages only 1 like you got. |
helinues: 8:59am On Jul 12, 2024 |
UnitedKingdom: Stop crying on my mentions you this boy |
UnitedKingdom: 9:00am On Jul 12, 2024 |
rolams(m): 9:02am On Jul 12, 2024 |
senatordave1: You should know better my bro. Ibori of all people. The federal government fought a good battle here. |
UnitedKingdom: 9:06am On Jul 12, 2024 |
seunmsg: I guess is only your nightmare (Peter Obi) rule without conducting LG election. Continue hating in abject poverty while H.E Peter Obi keep soaring higher. You single Obi out because of your hates. And who told you he did not conduct LG election. Mumu |
senatordave1(m): 9:11am On Jul 12, 2024 |
rolams: Very long drawn battle.with this,more developments at the grassroot |
Malroux: 9:16am On Jul 12, 2024 |
helinues:Wanna waste today too? Nigga till when? |
ElevationD: 9:44am On Jul 12, 2024 |
ReubenE: Please read the below excerpts from the judgement and then let’s see how it it has affected true federalism, if there’s any, by Ibori. “In the suit filed in May by the Attorney-General of the Federation (AGF) and Minister of Justice, Prince Lateef Fagbemi, SAN, the federal government had accused the state governments of running aground the third-tier of government. According to the federal government, the states, by keeping funds duly allocated to the local governments, have starved them of needed funds for developing the grassroots and by extension responsible for the high rate of criminalities and insecurity in the country. In the suit marked SC/CV/343/2024, the AGF prayed the apex court for an order prohibiting state governors from unilateral, arbitrary and unlawful dissolution of democratically elected local government executives. Fagbemi in the originating summons, also prayed the apex court for an order permitting the funds standing in the credits of local governments to be directly channeled to them from the Federation in line with the provisions of the Constitution as against the alleged unlawful t s created by governors. In their individual responses, the 36 states through their attorneys-general urged the court to dismiss the suit, claiming that there was no dispute between them and the federal government that would warrant the intervention of the apex court. They had also anchored their arguments on Section 162 of the constitution that provides for a t for the state and local government; wherein funds accrued to a state and its local governments from the Federation are paid into. They therefore asked the court to dismiss the suit for lacking merit, adding that the plaintiff ought to have filed such suit at the federal high court and not the apex court. Delivering ruling, a seven-member of the apex court led by Justice Mohammed Garba, disagreed with the states, and held that the case of the plaintiff has merit. In the lead judgement delivered by Justice Emmanuel Agim, the apex court pointed out that Nigeria operates a three-tier system of government where no one tier is subject to the order. Justice Agim observed that for the last two decades, the states have been retaining funds due to the local governments and disbursing same at their whims and caprices, contrary to the provisions of the Constitution. The apex court berated the governors for running the LGs as if they were their stooges, adding that the local government was gradually going into extinction by the manner through which it was often dissolved and run by unelected officials. The apex court further faulted the arbitrary and unilateral manner in which the governors disbursed and managed funds belonging to the third-tier of government. Not also spared by the apex court were the various state houses of assemblies accused of ing the governors by enacting laws that put LGs at the mercies of the governors. It was the position of the Supreme Court, therefore, that the retaining of funds belonging to the LGs had brought unnecessary hardship on the people in the various local government areas. Hence, the need to ensure constitutional provisions of running the LGs through democratically elected officials as well as ensuring that funds belonging to the LGs were not tampered with by the states. Agim recalled that before 1999 funds belonging to the LGs were directly paid to them, adding that it was due to convenience that the issue of t state and local government came by. According to him, the state was to collect on its behalf and transfer without tampering/managing/istering the funds which have become the order of the day. He however concluded that although Section 162 of the Constitution directed the payment of their monthly allocations to a t , the aim of that law has been defeated owing to the retaining of the funds by the states and used as they liked. He however concluded that although Section 162 of the Constitution directed the payment of their monthly allocations to a t , the aim of that law has been defeated owing to the retaining of the funds by the states and used as they liked. According to Agim, by laying claim to Section 162 (4&5), the governors were using the Constitution to perpetrate unconstitutionality, adding the Constitution should not be applied in a manner that ed its destruction. He faulted the narrow interpretation of Section 162(4) which stipulates that funds of the state and the LGs “shall” be paid into a t state and local government , stressing that the governors were using it negatively. While stating that where the narrow interpretation of the section of the Constitution would result to injustice or work against the intended meaning of the said section of the Constitution, the Supreme Court shall employ an approach that would meet the purpose of the Constitution. “There is no doubt that the word “shall” will mean that the federal government will pay into the t state ,” Agim said. “But, it has not worked,” he added. Thus, to prevent the governors from further exploiting the said law, the apex court held that it was the responsibility of the apex court to make a law that would serve the interest of the people and the country in general. Agim held that, “Since paying to the LGs through the state has not worked, the money should henceforth be paid to the LGs directly.” On the issue of appointing caretaker committees to take over governance at the local government level, the apex court reiterated its previous judgements wherein it declared such as illegal, unlawful, null and void. It held that state houses of assemblies lacked powers to make laws empowering governors to appoint caretaker committees, declaring further that any governor who dissolved any democratically elected local government greatly breached the Constitution and committed a gross misconduct. He subsequently granted the reliefs sought by the federal government, which included an order of the apex court stopping governors from constituting caretaker committees to run the affairs of local governments as against the constitutionally recognised and guaranteed democratic system. In addition, the apex court described as an act of gross misconduct the dissolution of democratically elected local governments and their replacement with caretaker committees. The apex court also made an order of injunction restraining the governors, their agents and privies from receiving, spending or tampering with funds released from the Federation for the benefits of local governments when no democratically elected local government system is put in place in the states”. |
Babinski: 9:50am On Jul 12, 2024 |
bennybuhari: He who comes to equity must come with clean hands. The same Governors that have shown repeated disdain for Constitutional provisions in respect of Local Government Councils now want to hide under provisions of the same Constitution? Section 7 (1) of the Constitution and others related have been repeatedly violated by Governors but they now want us to hold Section 162 (3) sacrosanct? What happened to Section 162 (7)( ![]() |
ReubenE(m): 10:04am On Jul 12, 2024 |
ElevationD:I don't think what I said earlier is different from what you are referring me to. Like I said before, the National Assembly should amend the law in of what the FG government and SC is arguing. The SC is overstepping in its interpretation regarding the current approach. As you can see from the excerpts; the honorable justice made use of "although" and "but" many times in his lead judgment when interpreting section 162 (4&5). What it indicates is that, the honorable justice is saying; this is the legal provision but since some persons are abusing it, we are adding our own. While judicial precedents are case laws vice versa, the Supreme Court is not a law making body. If there is abuse, the provision should be referred to the National Assembly for amendment. The many ALTHOUGH and BUT in that judgment is enough for you to understand my point. P.S Please don't interpret my view as being against LG autonomy. Far from it. Every right thinking person knows governors in Nigeria has reduced LGs to their stooges, but in this case, we are discussing law. In fact one of the reasons why we have this problem in our LG system is because we don't respect and observe our laws and we cannot use the same culture of not respecting our laws to remedy a like situation. I am saying this cause it is the culture here on Nairaland for most people to construe anything against popular opinion as hatred. 1 Like |
Oakenshield: 10:19am On Jul 12, 2024 |
richidinho:u speaking rubbish most development where done by local government chairman and hereby reduces the stress on the governor. Which local government now employment can be done with ease and things will change including security. But as our useless governor and u who is struggling to buy one cup of garri knows that with what has happened the local government will now easily shift from imposing to letting atleast 60% of the people wishes come true. No more collecting close to 3 billion for local government allocation then give each chairman peanuts for security and pocket money. Incase you don't know the state government pays local government salaries instead of the local government to pay them directly that's why governors don't pay salaries |
Mayflowa(m): 10:19am On Jul 12, 2024 |
James Ibori is the last person that should make remark on any government policies! He was governor and looted his state dry. Invested in a refinery in another country that was scammed from him. Built a private university from the state commonwealth. This guy was in Jail for messy financial fraud and yet have the effrontery to comment on how money should be used in govt! Shame on him!
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CyrusVI(m): 10:22am On Jul 12, 2024 |
Eteka1: Are u ever happy? Are u always bitter?? The way u tend to see negativity in every positive news is baffling. Bro, u need mind cleansing and it isnt funny |
Eteka1(m): 10:32am On Jul 12, 2024 |
CyrusVI:you are thinking upside down. It's rather Ibori and yourself that is seeing negativity in a positive Judgement that Nigerians are celebrating. |
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