Tampering with Local Govt funds Is an impeachable offense – Federal Govt threatens Governors

The Federal Government will take action against states that pass laws aimed at undermining the Supreme Court’s July 11 ruling on financial autonomy for Local Governments, according to the Attorney General of the Federation (AGF) and Minister of Justice, Lateef Fagbemi (SAN).

Fagbemi stated that the government would not hesitate to initiate contempt proceedings against these states and would refer their Attorneys General to the Legal Practitioners Disciplinary Committee (LPDC) for misconduct.

He said: “I am aware that some states have embarked on the promulgation of legislations which appear to be antithetical to the tenets or tenor of the judgment of the Supreme Court.
“My simple point is that the states concerned are advised not to tread within the precinct of contempt of court. And, my colleague at the sub-nationals should not also invite the attention of Legal Practitioners Disciplinary Committee for misconduct,” Fagbemi said.

He made the remarks in Abuja at the 2024 National Conference of the Abuja chapter of the National Association of Judicial Correspondents (NAJUC) yesterday.

Fagbemi cautioned governors and council chairmen against interfering with Local Government funds due to the serious consequences involved.

Fagbemi stated that, under the July 11 Supreme Court judgment, any interference with Local Government funds by governors constitutes gross misconduct and an impeachable offense.

He also warned that council chairmen who misappropriate or misuse Local Government funds would face prosecution, as they do not have constitutional immunity.

In his paper, titled: “Aftermath of Supreme Court judgment on Local Government financial autonomy: what next? the AGF said, “by the July 11, 2024 judgment of the Supreme Court, which granted financial autonomy to Local Govts in the country, any governor who tampers with the finances of the LGAs in his state is seen to have committed a gross misconduct, which is an impeachable offence”.

Fagbemi explained that the case leading to the Supreme Court’s July 11 judgment was aimed at freeing Local Governments from the control of governors and fostering grassroots development.

He acknowledged concerns about the ongoing influence of governors over Local Governments, particularly due to their continued oversight of Local Government elections.

Fagbemi assured that the Federal Government is taking a careful approach to ensure that Local Governments are able to operate as the third tier of government, as outlined in the Constitution.

“We are not resting on our oars. If we don’t have any meaningful response, we may also invite the Supreme Court to also look at the Constitution and see whether they should be allowed to continue to conduct LG election in the form that we have presently.

“It does not give anybody any joy to drag any of the sub-nationals to court. Our expectation is that the sub-nationals should allow the law to take its course,” he said.

Fagbemi highlighted several constitutional responsibilities of Local Governments and urged council chairmen and other officials to prioritize fulfilling these duties.

“Primary education must be accessible to every child. Pregnant women and infants must receive quality healthcare, and the vulnerable in the society must benefit from sustainable welfare programmes,” he said

He emphasized that the financial autonomy granted to Local Governments by the Supreme Court was intended to enable them to effectively carry out their responsibilities.

He further stated that any debt incurred by governors in relation to state government functions should be the responsibility of the state, not the Local Government Areas, as such projects do not fall within the constitutional duties of Local Governments.

Fagbemi added: “It is expected that, having become divorced of the financial dependency on the state government, more people today should be involved in grassroots politics to ensure effective governance from bottom up.”

He stated that the President Bola Tinubu administration intends for the benefits of democracy to reach everyone, regardless of their location or status.

Fagbemi emphasized that the time has come for Nigerians to demand accountability and good governance from all levels of government.

“Good governance is a collaborative effort as constitutionally mandate or required of every tier of government in Nigeria,” he said.

Fagbemi stated that the Supreme Court’s judgment, granting financial autonomy to Local Governments, has revitalized this tier of government, and the Federal Government will continue to strengthen it.

The Chief Justice of Nigeria (CJN), Justice Kudirat Kekere-Ekun emphasised the importance of independent media and judiciary to the sustenance of any democracy.

Justice Kekere-Ekun highlighted several shortcomings in the media’s operations and called for greater fairness and accuracy in reporting court proceedings and decisions.

The Chief Justice of Nigeria (CJN), represented by Abdullaziz Olumo, Secretary of the National Judicial Institute (NJI), emphasized that while the judiciary upholds justice, equity, and the rule of law, the media serves as society’s conscience, shaping public opinion and promoting accountability.

She explained that the media has the important responsibility of keeping the public informed about judicial activities, and that the judiciary depends on accurate and ethical reporting to build public trust. She described the media as a vital partner in the judiciary’s role in advancing democracy.

The CJN expressed concern over sensationalism in media reporting, noting that it distorts facts and erodes public trust in the judiciary.

She also warned about the dangers of “trial by media,” where premature narratives can prejudge cases and, at times, violate constitutional rights. She cited the landmark U.S. case of Sheppard v. Maxwell (1954), in which excessive media interference led to the overturning of a conviction due to the denial of a fair trial.

Human rights lawyer Professor Mike Ozekhome (SAN) condemned the frequent attacks on judges by Nigerians but urged judicial officers to uphold their roles as sacred responsibilities, ensuring they remain free from misconduct.

Ozekhome said: “If you are dissatisfied with a judgment, go on appeal rather than writing petitions to scurilise the names of judges, who have wives or husbands; they have children, they have relations.

“The Judiciary must rescue itself. Judges must eschew corruption in whatever form, by whatever name, however beautifully dressed in royal garment, so that when we are defending them, we will be on sure footed ground.

“There is a difference between criticising a court for a judgment delivered and going for the jugular of the judge in his personal capacity, a man or woman who cannot defended him or herself,” he said.

He warned against the practice of judges celebrating their promotions in public events that include politically exposed individuals, as their presence could send the wrong message to the public.

Ozekhome praised the judiciary for its vital role in sustaining the nation’s democracy and maintaining peace in society.

He asserted that without the judiciary, the nation would have collapsed, emphasizing that the judiciary is the most important of the three arms of government.

He said: “The Judiciary, in spite of all the problems were are taking about, still remains the best out of the three arms of government.”

The Chief Judge of the Federal High Court, Justice John Tsoho, praised the media for its role in communicating court proceedings and decisions to the public.

However, he urged the media to ensure fairness and accuracy in their reporting to prevent misrepresentation of court activities.

The Chairman of the Judiciary Correspondents, Abuja chapter, Mr. Kayode Lawal, described the Supreme Court’s judgment on Local Government financial autonomy as insightful and thoroughly researched, stating that it has revitalized the third tier of government in the country.

He noted that the theme of the conference, along with its sub-themes, was carefully selected, as Nigerians are hopeful for a positive change following the Supreme Court’s ruling.

Lawal expressed concern over the troubling trend of conflicting judgments and orders on the same issues and parties by courts of coordinate jurisdiction. He lamented that this issue continues unabated despite numerous warnings, calling it both worrying and regrettable.

“More worrisome is the fact that there is the general perception that public confidence in the nation’s justice delivery has continued to wane in view of some untoward conduct of lawyers and judges,” he said.