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LG funds: S’Court reserves judgment

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LG funds: S’Court reserves judgment

LG funds: S’Court reserves judgment

 

The Supreme Court, on Thursday, reserved judgment in the suit filed by the Federal Government against the 36 state governments, seeking to enforce the financial autonomy of the 774 local government areas.

The court reserved judgment after the parties adopted their briefs.

In the suit filed by the Attorney General of the Federation and Minister of Justice, Lateef Fagbemi (SAN), the Federal Government accused the state governments of stifling local governments and withholding their funds.

But the 36 states, through their AGs, vehemently opposed the suit and urged the Supreme Court to dismiss it.

 

 

In the suit, marked SC/CV/343/2024, the Federal Government wants the apex court to enforce the autonomy of the local government by, among other things, stopping state governors from appointing caretaker committees to administer local governments in their states.

The Federal Government wants the Supreme Court to rule that any local government manned by a caretaker committee instead of an elected local government chairman and councillors should have their funds from the Federation Account withheld.

It also wants the court to rule that funds due to local governments from the Federation Account should be paid directly to them instead of through the state government to guarantee their autonomy.

 

 

 

The seven man-panel, of the apex court led by Justice Garba Lawal, announced that parties in the matter would be communicated when the judgment was ready after parties in the suit adopted their processes on Thursday.

All 36 states in their response opposed the FG’s suit and appealed to the court to throw out the suit.

The AGF, on his part, asked the apex court to grant all the reliefs sought by the Federal Government in the suit.

The AGF said,  “I adopt and rely on these processes. I urge My Lords to overrule the various objections and grant the originating summons.”

While some states claimed that they were denied fair hearing and weren’t served, the AGF clarified that he sent copies of the affidavits to the defendants via WhatsApp and emails.

He added that the court bailiff also served the defendants in their various state liaison offices in Abuja.

The PUNCH reported that the Federal Government, in the suit, is urging the apex court to issue “an order prohibiting state governors from unilateral, arbitrary and unlawful dissolution of democratically elected local government leaders for local governments.”

 

 

 

In the suit predicted on 27 grounds, the Federal Government accused the state governors of gross misconduct and abuse of power.

The FG, in the originating summons, prayed the Supreme Court to make an order expressly stating that funds standing to the credit of local governments from the Federation Account should be paid directly to the local governments rather than through the state governments.

The justice minister also prayed for “an order of injunction restraining the governors, their agents and privies from receiving, spending or tampering with funds released from the Federation Account for the benefits of local governments when no democratically elected local government system is put in place in the states.”

The Federal Government further sought “an order stopping governors from constituting caretaker committees to run the affairs of local governments as against the Constitutionally recognised and guaranteed democratic system.”

The originating summons was backed by a 13-paragraph affidavit deposed to by one Kelechi Ohaeri of the Federal Ministry of Justice.

Ohaeri, in the affidavit, averred that the AGF instituted the suit against the governors under the original jurisdiction of the Supreme Court on behalf of the Federal Government.

He said, “The Constitution of Nigeria recognises federal, state and local governments as three tiers of government and the three recognised tiers of government draw funds for their operation and functioning from the Federation Account created by the Constitution.

 

 

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Rivers: ALGON Disowns Planned Protest By NASS Members Loyal To Wike, Former LG Chairmen*

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*Rivers: ALGON Disowns Planned Protest By NASS Members Loyal To Wike, Former LG Chairmen*

 

 

The Association of Local Governments of Nigeria (ALGON), Rivers State Chapter, has distanced itself from a planned protest by former local government chairmen, state and National Assembly members loyal to the F.C.T Minister, Nyesom Wike, against the Police presence in the 23 local government councils across the state.

In a statement signed by Hon. Ichemati Ezebunwo, Chairman, and Alabota Anengi Barasua, Secretary, ALGON Rivers State Chapter, the association described the planned protest as a “calculated attempt” by “enemies of the state” to cause mayhem and paint the state in a bad light.

“We support the police decision to take control and protect all local government council secretariats until further directives on the matter,” the statement read.

“We are not in any way linked to the planned protest, which is detrimental to the progress and well-being of the people of the state.”

The association accused the organisers of the protest of trying to take advantage of the guise of protest to cause chaos and destabilize governance in the state.

“Should there be a breakdown of law and order as a result of the planned protest, the organizers and their sponsors should be held responsible,” the statement warned.

ALGON Rivers State Chapter thanked the people of Rivers State for their continued support for Governor Siminalayi Fubara and his administration, which is delivering the enviable dividends of democracy to the people of Rivers State.

“We call on all law-abiding citizens of our dear state to disregard this planned protest and go about their lawful businesses,” the statement concluded.

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Kano Ruling Unambiguous, Abba Yusuf Must Resign – Coalition for Defence of Justice and Rule Of Law

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Kano Ruling Unambiguous, Abba Yusuf Must Resign - Coalition for Defence of Justice and Rule Of Law

Kano Ruling Unambiguous, Abba Yusuf Must Resign – Coalition for Defence of Justice and Rule Of Law

 

 

The Coalition for Defence of Justice and Rule of Law, a group of civil society groups in Nigeria, has called on Governor Abba Yusuf of Kano State to resign from office immediately.

The demand comes after Governor Yusuf’s neglect of the latest court ruling annulling the reinstatement of Sanusi Lamido as the Emir of Kano.

In a statement signed by Comrade Mohammed Bello, the Coalition accused the governor of blatant disregard for the rule of law, persistent abuse of power, and egregious violation of human rights.

Bello said the recent judgement by Justice Abdullahi Liman of the Federal High Court, Kano was unambiguous and a clear rebuke of Governor Yusuf’s actions, which were deemed illegal and unconstitutional.

Despite this, he said Governor Yusuf has chosen to ignore the court’s decision, insisting on perpetuating illegality and disrespecting the judiciary and traditional institutions.

Bello added that this brazen disregard for the rule of law is a clear indication that Governor Yusuf is not fit to continue in office.

“The Coalition for Defence of Justice and Rule of Law, a collective of civil society groups in Nigeria, calls on Governor Abba Yusuf of Kano State to resign from office immediately,” the statement said.

“This comes on the heels of the governor’s blatant disregard for the rule of law, his persistent abuse of power, and his egregious violation of human rights.

“The recent judgement by Justice Abdullahi Liman of the Federal High Court, Kano, unequivocally set aside the reinstatement of Sanusi Lamido as Emir of Kano. This ruling was a clear rebuke of Governor Yusuf’s actions, which were deemed illegal and unconstitutional.

“Despite this, Governor Yusuf has chosen to ignore the court’s decision, insisting on perpetuating illegality and disrespecting the judiciary and traditional institutions. This brazen disregard for the rule of law is a clear indication that Governor Yusuf is not fit to continue in office.

 

Kano Ruling Unambiguous, Abba Yusuf Must Resign - Coalition for Defence of Justice and Rule Of Law

“Furthermore, Governor Yusuf’s first year in office has been marked by a relentless campaign of intimidation, harassment, and persecution of perceived opponents, including Emir Ado Bayero. His administration has been characterized by a gross abuse of power, with blatant disregard for human rights and the rule of law.”

The Coalition for Defence of Justice and Rule of Law, therefore, noted that the governor has betrayed the trust placed in him by the people of Kano State and his continued occupation of the office of governor is a mockery of democratic institutions and a threat to the stability of the state.

“Failure to resign, Nigerians will hold him responsible for anything that goes wrong in Kano,” the Coalition warned Governor Yusuf. “We will occupy the Kano Government House, Kano House in Abuja, and other strategic locations to express our rejection of his continued stay in office.

“The people of Kano deserve better, and we will ensure that their voices are heard. We urge the good people of Kano State to remain calm and peaceful in the face of this crisis.

“We assure them that we will continue to monitor the situation and take all necessary steps to ensure that justice and the rule of law are upheld.”

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Re: Need To Call Ugochinyere To Order* By Adamu Kuta.

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The press release issued by the Rivers State Caucus in the House of Representatives, titled “Need to Call Hon. Ikenga Ugochinyere to Order” is one that anyone who loves Nigeria and the future of Nigeria must pay attention to, study and condemn the warped thinking of those who issued it.
In this regard, while Rt. Hon. Dumnamene Dekor-Leader, Rivers Caucus in the House of Representatives and Hon. Cyril Hart-Secretary, Rivers Caucus in the House of Representatives, are the signatories to the document, the reality is that the statement and the false narrative it sought to push is a clear instance of the “voice of Jacob but the hand of Esau” as the Rivers Caucus is merely running errands for those who are exploiting Rivers State as a staging ground to hijack democracy in Nigeria.
Had the ideas propounded in the statement not been depraved and despicable it would have been comical because of its poor grasp of the fair intervention that Hon. Ikenga Ugochinyere made on the theatre of the absurd playing out in Rivers State. The lawmaker representing Ideato North/Ideato South Federal Constituency in Imo State had led a group, G-60, to demand the trial of 23 former local government chairmen in Rivers State for alleged treason after they refused to vacate office upon the expiration of their tenure. Their tenures derived from the 1999 Constitution of the Federal Republic of Nigeria (as amended), and to attempt to elongate their tenures without recourse to elections as prescribed in the Constitution is treasonable – it is a violation of the core aspect of the grand norm.
The former local Government Chairmen and some former members of the Rivers State House of Assembly who passed a sham resolution to extend council bosses’ tenures are of course openly loyal to the Federal Capital Territory Minister Nyesom Wike, who is the predeccessor to the incumbent governor, Siminalayi Fubara.
Whatever anyone has said or argued about the descent into anarchy playing out in Rivers State, the abridged version of the fact is that Fubara rebuffed Wike’s attempt to make himself a defacto life governor of the state, what some call the godfather, which is an euphemism for unrestricted access to keep stealing the state’s resources by dictating who occupies every single office in the state government.
That arrangement is criminal. The crisis it has precipitated in River State is even more criminal. Hence the need to commend the honourable feat of people like Ugochinyere who marshalled the bravery to make statesmanly interventions that call attention to the ongoing brigandage by Wike’s loyalists in Rivers State, including the recalcitrant former council chairmen who would not leave office even when their tenure is over.
The House of Representatives Rivers State Caucaus’ statement titled “Need to Call Hon. Ikenga Ugochinyere to Order” is consequently a laughable piece of writing by a group of oppressors, tyrants and anarchists who want to go equity with dirty hands.
The caucus is a vocal minority in the House of Representatives whose members are desperate for their coup in Rivers State to succeed so that they can use it as a template to hijack the House leadership, hence their drive to factionalise the House as a precursor to a Wike take-over of the parliament.
So, while not holding brief for Ugochinyere and G-60, it is pertinent to point out the tenuous attempts by the Rivers State Caucus in the House of Representatives to stand facts on their head in their press release.
First, insinuating that the Honourable member is making interventions in the Rivers debacle to “feather his nest” is outlandish as the Caucus members have by this assertion confirmed that they are the ones protecting their feathered nests through their attacks on Ugochinyere. They possibly hope to scare him off from drawing global attention to their reign of infamy in Rivers State. Sadly for them, Ugochinyere was not known to chicken out, even before he became a lawmaker. If the caucus concluded that Ugochinyere was sponsored then it is logical that they too were sponsored.
Secondly, they alleged that his interventions “constitute a thoughtless assault on due process and ongoing judicial processes aimed at resolving the disagreement in Rivers.” On the contrary, the court cases in Rivers State are not aimed at “resolving disagreements”. Rather, the litigations were mostly instituted to stop state capture by Wike and his associates. To the extent that there have been attempts by associates of these caucus members to cow or intimidate the judiciary to hijack the judgment in these cases then the interventions of the likes of Ugochinyere are the vigilance needed to save democracy in Nigeria.
Furthermore, if Ugochinyere is an insignificant twerp in the social space as asserted by the caucus, then he is a useful one because he has compelled his supposed colleagues to reassess the damage they are causing to the grand scheme of Rivers politics and by implication the whole of Nigeria. It is comic that these caucus members believe that only someone from Rivers State has the right to comment or intervene in a crisis that risks being replicated or spreading to other states and ultimately set Nigeria ablaze.
Of course, the current situation in Rivers State concerns Hon. Ugochinyere, who has experienced a version of the evil franchise in his home state, Imo State; a state where he was repeatedly targeted for assassination by people who share the same ideology as the caucus members. His intervention in Rivers is thus to ensure that a new strain of the madness is not allowed to mature and spread to another state, which does not require that the matter be brought to the floor of the House before he acts proactively.
As a parting shot, members of the caucus must hide their faces in shame since it took their colleague from Imo State to draw national attention to something they should have flagged in plenary under a motion of urgent national importance. The Rivers Caucus can still save their faces by doing the needful and taking genuine steps to end their support for illegality in their home state.
In conclusion, the Rivers lawmakers must publicly call on the leadership of the House of Representatives to recognise Ugochinyere’s contributions in holding up the House as an institution of repute and using its platform to seek a solution to the Rivers State debacle.

Kuta wrote this piece from Bosso.

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