Nearly one year after the Supreme Court’s ruling granting financial autonomy to Nigeria’s 774 Local Government Areas (LGAs), implementation remains stalled—sparking allegations of deliberate sabotage by state governors.
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In an appearance on Arise TV’s Morning Show, Senior Advocate of Nigeria (SAN), Kunle Adegoke, criticized both federal and state actors, warning that “illegality may be required to counter illegality” if the stalemate persists.
The July 11, 2024, judgment, delivered by a seven-member Supreme Court panel led by Justice Emmanuel Agim, declared unconstitutional the longstanding practice of state governors controlling local government funds. The court ordered direct disbursement of federal allocations to LGAs with elected leadership. However, implementation has been sluggish, with the Central Bank of Nigeria (CBN) introducing a new requirement that LGAs submit two years of audited financial reports before opening designated accounts for direct funding.
Adegoke called this requirement “unwarranted” and “potentially illegal,” questioning why the same condition does not apply to state governments. He alleged that the CBN’s position may be influenced by powerful governors opposed to LGA autonomy, and described the move as a “defeatist attempt to frustrate the judgment.” Despite many LGAs having opened accounts, allocations are yet to be received directly, he noted.
The delay, which has now crossed the one-year mark, has triggered widespread criticism on social media with trending hashtags like #LGAutonomy and #SupremeCourtDelay. Legal experts and advocacy groups are decrying what they see as a disregard for the rule of law.
Attorney General of the Federation (AGF), Prince Lateef Fagbemi, SAN, has warned of “serious consequences” for states ignoring the Supreme Court’s judgment. He emphasized the Office of the Accountant General of the Federation’s responsibility to ensure compliance. Nonetheless, Adegoke insisted that the CBN’s actions undermine this directive.
Highlighting constitutional provisions, Adegoke stressed that Section 287 mandates obedience to Supreme Court judgments by all arms of government, including the CBN and the Accountant General’s office. He argued that legal actions by the National Union of Local Government Employees (NULGE) and the Association of Local Governments of Nigeria (ALGON) to enforce the ruling were unnecessary given the judgment’s finality.
Adegoke also noted a significant obstacle: the constitutional immunity of governors. He alleged that many governors are threatening politically aligned LGA chairmen to resist opening the mandated accounts, thereby stalling compliance. “They wield too much influence, and their state assemblies are unlikely to impeach them,” he said.
In a controversial recommendation, Adegoke proposed that the Federal Government consider withholding allocations to non-compliant states as a pressure tactic—despite acknowledging that this would be a questionable legal move. “Sometimes you have to fight illegality with illegality,” he remarked, describing it as a desperate but necessary solution in the absence of enforcement mechanisms.
He also dismissed recent suggestions by the AGF for a uniform account system for LGAs, stating that such a proposal was not part of the Supreme Court judgment and could further delay implementation.
Beyond the issue of LGA autonomy, Adegoke said the situation exposes deeper problems in Nigeria’s governance and judicial enforcement systems. “We are in a dysfunctional society where even Supreme Court decisions are treated with contempt,” he said, citing other unimplemented judgments involving political parties as examples.
He called for the initiation of contempt proceedings against non-compliant officials and urged anti-corruption agencies such as the Economic and Financial Crimes Commission (EFCC) to investigate the financial implications of withholding local government funds, which may constitute economic sabotage.
Adegoke concluded by appealing to President Bola Tinubu to personally intervene, recalling his own experience as Lagos governor when federal allocations to the state were withheld. “He understands firsthand the dangers of financial strangulation. This is the time to act,” he said.
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