LG Autonomy: ₦4.5tn funds still diverted 1yr after S/Court ruling–Adeyanju
By Ukpono Ukpong
Human rights lawyer and political activist, Deji Adeyanju, has raised alarm over the non-implementation of the landmark Supreme Court judgment delivered on July 11, 2024, which affirmed the constitutional and financial autonomy of Nigeria’s 774 local government areas.
Despite the clarity of the judgment, he said, state governments have continued to act with impunity, undermining the spirit and letter of the ruling.
The apex court had ruled in Attorney-General of the Federation v. Attorney-General of Abia State & 35 Ors. that local government allocations must be paid directly into their accounts, and that the use of unelected caretaker committees was unconstitutional. The judgment was hailed as a major victory for federalism, accountability, and grassroots governance in Nigeria.
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However, Adeyanju expressed concern that, one year after the judgment, state governments still channel funds through the discredited State Joint Local Government Accounts and continue to impose caretaker committees, in direct violation of the Court’s order.
He cited reports that over ₦4.5 trillion in local government funds have been diverted through these unconstitutional practices since the judgment.
“This disobedience is a direct assault on constitutional supremacy and the rule of law,” Adeyanju said. “Section 287(1) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) imposes a binding obligation on ‘all authorities and persons’ throughout the Federation to enforce the decisions of the Supreme Court. The continued disregard of the Supreme Court’s decision by state actors is, therefore, a violation not only of judicial authority but of the Constitution itself.”
He argued that the failure to enforce the ruling reflects a disturbing lack of political will and deep institutional decay, even as he warned that the hard-won legal victory may become meaningless if the federal government fails to act.
He emphasized that the Tinubu administration, which initiated the suit, must ensure compliance with the ruling to preserve the integrity of the judiciary and the promise of the Renewed Hope Agenda.
“On July 11, 2024, the Supreme Court of Nigeria delivered a landmark judgment in Attorney-General of the Federation v. Attorney-General of Abia State & 35 Ors., unequivocally affirming the constitutional status and financial autonomy of the 774 local governments in Nigeria.
“The Court held that the practice of channelling local government funds through the State Joint Local Government Account, long exploited by state governors to control and divert federal allocations, amounts to gross constitutional misconduct. In the words of Justice Emmanuel Agim, Nigeria operates a three-tier system of government, and no tier is constitutionally subject to the whims of another.
“The decision, which struck down the use of unelected caretaker committees and directed that local government allocations be paid directly to their accounts, was positively received as a bold reassertion of federalism and a glimmer of hope for reviving Nigeria’s comatose local governance. President Bola Ahmed Tinubu, whose administration instituted the suit, celebrated the judgment as a corrective measure to restore accountability and service delivery at the grassroots.
“Yet, one year later, the practical impact of this momentous decision remains negligible. Despite the clarity of the Supreme Court’s pronouncement, state governments have continued to operate as though the judgment never existed.
“According to recent reports, over ₦4.5 trillion in local government allocations have been disbursed through the same State Joint Accounts in direct defiance of the Court’s judgment, and the imposition of caretaker committees and the diversion of funds remain entrenched across many states.
“This disobedience is a direct assault on constitutional supremacy and the rule of law. Section 287(1) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) imposes a binding obligation on “all authorities and persons” throughout the Federation to enforce the decisions of the Supreme Court. The continued disregard of the Supreme Court’s decision by state actors is, therefore, a violation not only of judicial authority but of the Constitution itself.
“The purpose of the judgment was to restore fidelity to the constitutional design. That it has not been enforced exposes a deeper malaise, which is the absence of institutional will to uphold the rule of law where it conflicts with political interests. Unless the Federal Government and relevant enforcement agencies act decisively, the Supreme Court’s judgment risks becoming yet another moral victory without legal consequence.” Adeyanju said.
